Bayne v. Morris
Supreme Court of the United States
1Opinion of the Court
68 U.S. 97 (1863)
1 Wall. 97
BAYNE
v.
MORRIS.
Supreme Court of United States.
Mr. Brent for the plaintiff in error, and Mr. Wallis contra.
Mr. Justice DAVIS, after stating the case, delivered the opinion of the court:
The court did not pass on the validity of the award as it should have done; but directed the jury to find against the plaintiff, on the ground that the action was premature, neither of the sums awarded to be paid being due when suit was brought.
It is clear that Bayne instituted his action because Morris would not give the security he was required to by the award. And on principle and…
2Cases cited1 opinion
- Hanna v. MillsNew York Supreme Court · 1839
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