Wear v. Bryant
Supreme Court of Missouri
ERROR to the circuit court of Howard county. The plaintiff insists on the following points: 1. That the court erred in giving the instructions asked by plain tiff — 1 Marshall’s R. 356. 2. That the certificate, location, &c. were not duly certified, and ought not to have been received in evi-Menee. 3. That the New Madrid certificate is void foruneer-tain ty — 4 Cruise’s Digest, 206, top paging; 2Bacon, 653. 4. That it .is void, because St. Aubin was dead before it issued —…
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ERROR to the circuit court of Howard county. The plaintiff insists on the following points: 1. That the court erred in giving the instructions asked by plain tiff — 1 Marshall’s R. 356. 2. That the certificate, location, &c. were not duly certified, and ought not to have been received in evi-Menee. 3. That the New Madrid certificate is void foruneer-tain ty — 4 Cruise’s Digest, 206, top paging; 2Bacon, 653. 4. That it .is void, because St. Aubin was dead before it issued — see 7th instruction refused; 1 Marshall’s R. 99, 356, 293; void, because the recorder did not pursue the law — see 2 Con.…
1Opinion of the CourtTompkins, Judge
At the August term of this court for the year 1835, this cause was for the first time argued, and the judgment of the circuit court for the plaintiff being reversed; the cause was remanded to be further proceeded in con-'formably to the opinion of this court then given; for which see Second Semi-annual Part of the fourth volume of the decisions of this court,page 100. The judgment of the circuit court being again in favor of the plaintiff the defendants come again into this court to reverse that judgment. The evidence given on the last trial is the same as that given on the first, and the…
2Cases cited1 opinion
- Hamilton v. RussellSupreme Court of the United States · 1803
3Cited by6 opinions
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- McCamant v. PattersonSupreme Court of Missouri · 1866
- Comstock v. KerwinNebraska Supreme Court · 1898
- Le Marchal v. TegardenCourt of Appeals for the Eighth Circuit · 1909
- Holme v. StrautmanSupreme Court of Missouri · 1864
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