Elsey v. Metcalf
Court for the Trial of Impeachments and Correction of Errors
Ejectment for lands in Eagle, in the county of Allegany, tried at the circuit court for that county in October, 1843, before Mónell, late C. Judge. Both parties claimed under Leverett Whitcomb, who was in possession until the spring of 1839, when he removed to the state of Michigan, leaving a tenant upon the premises.
Read the full summary
Ejectment for lands in Eagle, in the county of Allegany, tried at the circuit court for that county in October, 1843, before Mónell, late C. Judge. Both parties claimed under Leverett Whitcomb, who was in possession until the spring of 1839, when he removed to the state of Michigan, leaving a tenant upon the premises. The plaintiff gave in evidence a deed to himself from L. Whitcomb and his wife, dated 19th November, 1839, acknowledged before a judge of the supreme court of Michigan, on the 3d of September, 1841, and recorded in the clerk’s office of the county of Allegany, on the 23d of May,…
1Per curiam
We cannot upon this motion determine upon the validity of the proceedings upon the attachment against L. Whitcomb. The circuit judge decided against the objections to them now taken, and thus prevented the defendant from giving other evidence, which perhaps he might have furnished if these objections had prevailed. To deny him a new trial on account of erroneous decisions in his favor might work injustice. The rule is to examine the decisions made by the circuit judge against the party who has lost the verdict, and to grant or refuse a new trial according as we find them erroneous or…
2Cited by28 opinions
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Fryer v. . RockefellerNew York Court of Appeals · 1875
- Merrills v. SwiftSupreme Court of Connecticut · 1847
- Stevens v. CastelMichigan Supreme Court · 1886
- Rathbun v. RathbunNew York Supreme Court · 1849
23 more not listed; retrieve them via the Exa API.