Legal Opinion

Carr v. Gale

U.S. Circuit Court for the District of Maine

Decided September 15, 1853PublishedCited by 7 opinions

[At law. Action of trover by Joshua W. Carr, assignee in bankruptcy of Samuel C. Hemmenway, against Samuel C. Hemmen-way, Stephen Gale, and others. There was a verdict for plaintiff, and defendants moved for a new trial. [For denial of a like motion, based on other grounds, see Oases Nos. 2,444 and 2,445.]

1Opinion of the Court

CURTIS, Circuit Justice.

This was a motion for a new trial, on account of newly-discovered evidence. A motion, grounded on other causes, was argued before the late Mr. Justice Woodbury and the Honorable Asliur Ware, District Judge, at a former term, and is reported in 3 Woodb. & M. 38 [Case No. 2,435]. That motion was overruled; but the cause assigned in this motion was not then considered, the evidence on which it rested not having been at that time taken in such a form as to be admissible. Owing to the sickness of counsel, and other causes, the motion has lain on file, and was not called up…

2Cases cited1 opinion

  1. Carr v. GaleU.S. Circuit Court for the District of Maine · 1847

3Cited by7 opinions

  1. State v. GardnerOregon Supreme Court · 1898
  2. Wright v. Southern Exp. Co.District Court, W.D. Tennessee · 1897
  3. Flint & P. M. R. Co. v. Marine Ins.U.S. Circuit Court for the District of Eastern Michigan · 1895
  4. Lowry v. Mt. Adams & Eden Park Incline Plane Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1895
  5. Standard Cartridge Co. v. Peters Cartridge Co.U.S. Circuit Court for the District of Southern Ohio · 1895

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