Smale v. Mitchell
Supreme Court of the United States
QUESTIONS CERTIFIED FROM THE UNITED STATES OIKOÜIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The court stated the case as follows : The defendant in error, Charles H. Mitchell, as plaintiff, commenced an action of ejectment in a state court of Illinois, to recover certain described premises situated in that State, against Jabez Gr.
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QUESTIONS CERTIFIED FROM THE UNITED STATES OIKOÜIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The court stated the case as follows : The defendant in error, Charles H. Mitchell, as plaintiff, commenced an action of ejectment in a state court of Illinois, to recover certain described premises situated in that State, against Jabez Gr. Smale and others, which action was after-wards on sufficient grounds removed to the Circuit Court of the United States for the Northern District of Illinois. Issue being joined in the action, it was tried by the court without a jury, and upon the facts found…
1Opinion of the Court
Me. .Justice Field,
after stating the case, delivered the . opinion of the court. -
The contention of the plaintiffs in error, ■ the defendants below, is that the mandate of the Supreme Court was fully' obeyed when, in pursuance' thereof, judgment was entered ■ in .the Circuit Court, and that they have the same right after the entry of that .judgment to a new trial, according to the pro visions of the statute of Illinois, which they would have had i f the Circuit Court had on the trial, in the first instance, ren-' dered such judgment. On the other hand, the contention of the defendant in…
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