Legal Opinion

Campbell v. Boyreau

Supreme Court of the United States

Decided January 31, 1859PublishedCited by 45 opinions

• This case was brought up by writ of error from the Oiréuit Court of the United States for the northern district of California.- The case having been decided by this court upon a point of practice, it is necessary to state only so much of it as to show how the point of practice arose.

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• This case was brought up by writ of error from the Oiréuit Court of the United States for the northern district of California.- The case having been decided by this court upon a point of practice, it is necessary to state only so much of it as to show how the point of practice arose. It was a suit in the nature of an ejectment, brought by Boyreau to recover all the undivided half of an undivided eighteenth part of that certain tract of land; rancho, or farm, known as the “ Rancho San Leandro,” situate in the county of Alameda, State aforesaid, bounded as follows: on the north by the San…

1Opinion of the CourtChief Justice Taney

This is an action of ejectment (although the pleadings, are not in the form' prescribed by the common law) to recover a tract of land called San Leandro, situated in California. It was brought in the Circuit Court of the United States for that district. The- parties agreed to waive a trial of the facts by a jury, and that the facts as well as the law should be. decided by the court, upon the evidence adduced by the parties.

In pursuance of this agreement, evidence was offered on. both sides ; and the court proceeded to decide the facts in dispute, and-then proceeded to decide the questions of…

2Cases cited2 opinions

  1. Suydam v. WilliamsonSupreme Court of the United States · 1858
  2. Guild v. FrontinSupreme Court of the United States · 1856

3Cited by45 opinions

  1. Fleischmann Construction Co. v. United States Ex Rel. ForsbergSupreme Court of the United States · 1926
  2. Bond v. DustinSupreme Court of the United States · 1884
  3. Campbell v. United StatesSupreme Court of the United States · 1912
  4. Boogher v. Insurance Co.Supreme Court of the United States · 1880
  5. City of Cleveland v. Walsh Construction Co.Court of Appeals for the Sixth Circuit · 1922

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