Martin Pickett's Heirs v. Legerwood
Supreme Court of the United States
IN error to the circuit court of the United States for the district of Kentucky, In the circuit court of Kentucky, at November term 1831, the defendants in error, Samuel Legerwood, Hugh Roseberry, William Henderson, William, Mitchell and John Graves, filed a petition, stating that in 1796 a certain Martin Pickett brought his action of ejectment in the district court of the United States of the Kentucky district, against William Mitchell and William Maxwell.
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IN error to the circuit court of the United States for the district of Kentucky, In the circuit court of Kentucky, at November term 1831, the defendants in error, Samuel Legerwood, Hugh Roseberry, William Henderson, William, Mitchell and John Graves, filed a petition, stating that in 1796 a certain Martin Pickett brought his action of ejectment in the district court of the United States of the Kentucky district, against William Mitchell and William Maxwell. That the petitioner, Samuel Legerwood, under whose father and testator William Legerwood, the said defendants who were tenants claimed,…
1Opinion of the CourtJustice Johnson
This was a motion to quash the writ of error upon two grounds.
The first was because the record was not filed with the clerk of this court until the month of June 1832, whereas the writ of error was duly served, returnable to the January term 1832. It was contended that the, case was out of corut by lapse of time, and the filing at that late day could not reinstate it. But on this ground we are of opinion that the motion cannot be sustained; since the defendant in error might have availed himself of the benefit of the rule of court, which gave him the right to docket and dismiss the cause.…
2Cases cited2 opinions
- Walden v. CraigSupreme Court of the United States · 1824
- King v. GorslineU.S. Circuit Court for the District of District of Columbia · 1831
3Cited by73 opinions
- United States v. MorganSupreme Court of the United States · 1954
- United States v. MayerSupreme Court of the United States · 1914
- Bronson v. SchultenSupreme Court of the United States · 1882
- Phillips v. NegleySupreme Court of the United States · 1886
- Sanders v. StateIndiana Supreme Court · 1882
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