Irvine v. Marshall
Supreme Court of the United States
This was ah appeal from the Supreme Court of the Territory of Minnesota. The facts are stated in the opinion ofithe court. It was argued by Mr. Cooper for the appellant, and by Mr. Bradley for the appellee, upon which side there was also filed a brief by Mr. Brisbin and Mr. Stevens.
1Opinion of the CourtJustice Daniel
The proceedings in this cause, though in form somewhat, anomalous ' and peculiar, may be regarded as presenting substantially the case of a bill for the specific performance of a contract; a demurrer to the relief sought by that bill, a decree (or what in the proceedings is called a judgment) sustaining the demurrer, although there is no express or formal direction or order for a dismission of the bill; and a general affirmance, by what is styled the judgment of the Supreme Court of the Territory, of the 'decision of the District Court.
The appellant, in his complaint in-the District Court of…
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