Legal Opinion

Steinbach v. Stewart

Supreme Court of the United States

Decided February 20, 1871PublishedCited by 21 opinions

Error to the Circuit Court for the District of California. This was an action of ejectment for a tract of land situated in the State of California. Issues having been joined the Case was called on for trial before a jury, and evidence was introduced by the respective parties.

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Error to the Circuit Court for the District of California. This was an action of ejectment for a tract of land situated in the State of California. Issues having been joined the Case was called on for trial before a jury, and evidence was introduced by the respective parties. After all the evidence on both sides was concluded, the attorneys of the -parties who had appeared in the action stipulated that the jury should be discharged, and that the issues be tried and determined by the court. The jury were accordingly discharged, and the facts established were substantially as follows: On the…

1Opinion of the CourtJustice Strong

The record exhibits five assignments of error, all founded upon exceptions taken in the court below to the admission or rejection of evidence. Of these the first is, in substance, that the court permitted the defendants to give in evidence what it is contended constituted at most only an equitable right, and what was, therefore, no defence against the legal title asserted by the plaintiff. The.exception cannot be understood without a brief examination of the titles under which each of the parties claimed the lands .in controversy.

The title of the plaintiff had its origin in a provisional…

2Cited by21 opinions

  1. Knox County v. Ninth National BankSupreme Court of the United States · 1893
  2. Merritt-Chapman & Scott Corporation v. Pennsylvania Turnpike CommissionCourt of Appeals for the Third Circuit · 1967
  3. Williamson v. Eastern B. & L. Ass'nSupreme Court of South Carolina · 1899
  4. Ruckman v. CorySupreme Court of the United States · 1889
  5. McDonald v. McCoyCalifornia Supreme Court · 1898

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