Kilham v. Ward
Massachusetts Supreme Judicial Court
This was a review of an action of the case brought by Asa Kilham against the plaintiffs in review, who, on the 9th day of May, A. D. 1803, presided as selectmen at a town meeting held for the choice of representatives, and refused to receive the vote of the defendant in review on the ground of his being an alien. The cause was tried upon the review at the last April term before Parker, J., and a verdict given for Kilham, the plaintiff in the original action.
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This was a review of an action of the case brought by Asa Kilham against the plaintiffs in review, who, on the 9th day of May, A. D. 1803, presided as selectmen at a town meeting held for the choice of representatives, and refused to receive the vote of the defendant in review on the ground of his being an alien. The cause was tried upon the review at the last April term before Parker, J., and a verdict given for Kilham, the plaintiff in the original action. After the verdict, the plaintiffs in review moved the Court for a new trial, for the misdirection of the judge in matters of law. The…
1Opinion of the CourtParker, J.
The grounds of the motion for a new trial in this case are contained in the exceptions which we have before us. (The judge here stated the substance of them from the papers.) The arguments at the trial, on the part of the defendants, were much the same as those which have been now urged ; and though it is true that a judge at nisi prius is often pressed by circumstances to make a hasty decision, and I have therefore no predilection for such decisions, yet I cannot say that my opinion is altered by the arguments I have now heard. The counsel for the defendants have certainly misapprehended…
2Cases cited2 opinions
- Inhabitants of Manchester v. Inhabitants of BostonMassachusetts Supreme Judicial Court · 1819
- Martin v. WoodsMassachusetts Supreme Judicial Court · 1812
3Cited by32 opinions
- United States v. Wong Kim ArkSupreme Court of the United States · 1898
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- Lincoln v. HapgoodMassachusetts Supreme Judicial Court · 1814
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