Garland v. Davis
Supreme Court of the United States
This case was brought up, .by writ of error, from the Circuit Court of the United States for the District of Columbia, holden in and for the county of Washington.
Read the full summary
This case was brought up, .by writ of error, from the Circuit Court of the United States for the District of Columbia, holden in and for the county of Washington. It was an action on the case, brought by Davis, the defendant-in error, against Garland,' the clerk of the House of Representatives., The circumstances under which the suit was brought are thus set forth in the plaintiff’s declaration, which was filed on the 16th of September, 1839. “District of CotUMBiA, Washington county, to wit:— “ Hugh A. Garland, late of said county, was attached to answer to George M. Davis, in a plea of…
1Opinion of the CourtJustice Woodbury
In the examination of this case, a defect has been discovered in the pleadings and verdict, which was not noticed in the court below, nor- suggested by the counsel here.
And the first question is, whether, under these circumstances, it can be considered by us ; and if it can be, and is a material defect, not cured or otherwise capable of being overcome, whether it ought to be made a ground for reversing the judgment, and sending the case hack for amendment and further proceedings.
There can be no doubt, that exceptions to the opinions given by courts below -must all be taken at the time the…
2Cases cited26 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Chisholm v. GeorgiaSupreme Court of the United States · 1793
- Mollan v. TorranceSupreme Court of the United States · 1824
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Little v. BarremeSupreme Court of the United States · 1804
21 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Suydam v. WilliamsonSupreme Court of the United States · 1858
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Taylor v. BenhamSupreme Court of the United States · 1847
- Pomeroy's Lessee v. State Bank of Ind.Supreme Court of the United States · 1863
28 more not listed; retrieve them via the Exa API.