Parks v. Ross
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. It was an action brought by Parks for services rendered by Samuel Parks to John Ross, in the removal of the Cherokee nation to the western side of the Mississippi, in .the years 1838 and 1839. The bills of' exception set forth in extenso all the evidence offered by the plaintiff upon the trial.
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This case was brought up, by writ of error, from the Circuit Court of the United States for the District of Columbia. It was an action brought by Parks for services rendered by Samuel Parks to John Ross, in the removal of the Cherokee nation to the western side of the Mississippi, in .the years 1838 and 1839. The bills of' exception set forth in extenso all the evidence offered by the plaintiff upon the trial. Some of this evidence consisted of long documents, which it is not deemed necessary to insert, although they were made parts of the bills of exceptions. Their contents will be…
1Opinion of the CourtJustice Grier
On the trial of this cause below, after the plaintiff had closed his testimony, the defendant’s counsel -requested the court to instruct the jury, “ that, if the evidence is believed by the jury to be true, the plaintiff is not entitled to recover.” This in struction was given by the cpurt, and excepted to by plaintiff. Its correctness is the question for our decision.
It is undoubtedly the peculiar province of the jury to find, all matters of fact, and of the court to decide all - questions of law arising thereon. But a jury has no right to assume the truth of any material fact, withdut some…
2Cited by78 opinions
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- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Faris v. HobergIndiana Supreme Court · 1893
- Vivian Mattison Morty Ronald Mattison v. Dallas Carrier CorporationCourt of Appeals for the Fourth Circuit · 1991
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