Clement Woodward, in Error v. James Brown, and Sarah Jane, His Wife, in Error
Supreme Court of the United States
IN error to the Circuit-Court of the United States for the county of Washington, in the District of Columbia. Mr. Brent, for the defendants in error, moved for a writ' of certiorari to the Clerk of the Circuit Court of the County of Washington, on the allegation of a diminution of the record of the cause in that Court. The clerk had, by a misprision, made an error in not entering the judgment according to the-declaration.
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IN error to the Circuit-Court of the United States for the county of Washington, in the District of Columbia. Mr. Brent, for the defendants in error, moved for a writ' of certiorari to the Clerk of the Circuit Court of the County of Washington, on the allegation of a diminution of the record of the cause in that Court. The clerk had, by a misprision, made an error in not entering the judgment according to the-declaration. Coxe, for the plaintiff in' error, objected to the allowance of the motion. The case came up to the last'term, of this Court '; and it is. nbw too late to issue the…
1Opinion of the CourtJustice M’Lean
After stating the cáse :—
The counsel for the plaintiffs contend, that the ruling of .the Court was erroneous, and that the declaration is essentially defective.
It appears from the bill of exceptions, that the plaintiffs not only proved title,-but also that the defendant entered into the possession of the premises under their title, as tenant. These facts being proved, the Court very properly refused to instruct the jury, as stated in the first bill of exceptions, that the plaintiffs were not entitled to recover.
And there is no doubt that the Court- properly excluded the evidence stated, in…
2Cited by18 opinions
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- Dunlop v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1982
- Bank of Pittsburgh v. NealSupreme Court of the United States · 1860
- Nashua & Lowell R. v. Boston & Lowell R.Court of Appeals for the First Circuit · 1894
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