Doe on the Demise of Elmore v. Grymes
Supreme Court of the United States
AN action of ejectment was instituted in- the Circuit Court ' of the United States for the District of Georgia, for the recovery of 287| acres of land, , in which the plaintiffs, claimed title . as .follows: A grant from the state of Georgia to-Samuel Alexander : and' a déed.fróm John.Cessna, styling himself Sheriff of Greene county in the state of Georgia,” purporting to .convey-to Buchner Harris, by virtue of a salé under an execution against Herod Gibbs, “ two hundred and…
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AN action of ejectment was instituted in- the Circuit Court ' of the United States for the District of Georgia, for the recovery of 287| acres of land, , in which the plaintiffs, claimed title . as .follows: A grant from the state of Georgia to-Samuel Alexander : and' a déed.fróm John.Cessna, styling himself Sheriff of Greene county in the state of Georgia,” purporting to .convey-to Buchner Harris, by virtue of a salé under an execution against Herod Gibbs, “ two hundred and eighty-seven and a half acres of land in said county, on Little Beaver Pam, on the waters of Richland creek; and…
1Opinion of the CourtChief Justice Marshall
delivered the opinion of the Court.-—
The Court has had this, case under its consideration, and is of opinion that the Circuit Court had no authority to order a peremptory nonsuit, against the will pf the plaintiff. He had *472a right by law to a trial by a jury; and to have had the case submitted to them.- He might agree to a nonsuit;- but if he did not so choose, the Court; could not compel him- to submit to it. But the state.of the' record does not en.able'this Court to render a final judgment, because the record is defective, in not shiow-inga judgment of nonsuit, entered in the Circuit Court.…
2Cited by54 opinions
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- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Insurance Co. v. FolsomSupreme Court of the United States · 1874
- Castle v. BullardSupreme Court of the United States · 1860
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