Berry v. Seawall
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of tbe United States for tbe Western Division of the Southern District of Ohio. These were five actions for the recovery of real estate, consolidated and heard together.
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In Error to the Circuit Court of tbe United States for tbe Western Division of the Southern District of Ohio. These were five actions for the recovery of real estate, consolidated and heard together. A jury in the circuit court found a verdict for the defendants, hut the court, on motion, gave judgment for the plaintiffs non obstante veredicto. 55 Fed. 731. These are five writs of error to review the same number of judgments in actions for the recovery of real estate, in which, the plaintiffs below being itie same, and the questions of fact and law being Identical, the court below ordered a…
1Opinion of the CourtTaft, Circuit Judge
Counsel for the plaintiffs in error have devoted some time in argument and some, space in their brief to a discussion of the action of the court in setting aside the finding of the jury that there had been a parol partition between Margaret Sinclair and her cotenants. This action of the court is not before us for review. A motion to set aside a special finding is a motion for a new trial on the issue thereby decided, and is addressed solely to the discretion of the trial court. It is not reviewable by writ of error. Railway Co. v. Struble, 109 U. S. 381, 3 Sup. Ct. 270. The only question for…
2Cases cited69 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Sims v. EverhardtSupreme Court of the United States · 1880
- Clark v. GrahamSupreme Court of the United States · 1821
- Drury v. FosterSupreme Court of the United States · 1865
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3Cited by10 opinions
- Betts v. WardSupreme Court of Alabama · 1916
- Adler v. SeamanCourt of Appeals for the Eighth Circuit · 1920
- Easterling v. SimmonsCourt of Appeals of Texas · 1927
- Hampshire County Trust Co. v. StevensonOhio Supreme Court · 1926
- City of Cleveland v. Cleveland, C., C. & St. L. Ry. Co.U.S. Circuit Court for the District of Northern Ohio · 1899
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