Bailey v. District of Columbia
District of Columbia Court of Appeals
Hearing on an appeal by plaintiff from a judgment on a verdict directed by the court in an action to recover damages for breach of contract; and by the defendant from a judgment on verdict in an'action on an award. The Court in its opinion stated the case as follows: These two cases have reference to the same subject-matter of controversy, and were consolidated for trial in the court below.
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Hearing on an appeal by plaintiff from a judgment on a verdict directed by the court in an action to recover damages for breach of contract; and by the defendant from a judgment on verdict in an'action on an award. The Court in its opinion stated the case as follows: These two cases have reference to the same subject-matter of controversy, and were consolidated for trial in the court below. On February 24, 1883, Davis W. Bailey instituted suit at common law in the Supreme Court of the District of Colum-' bia to recover damages from the District of Columbia, for the alleged violation by the…
1Opinion of the CourtJustice Morris
We are unable to find any substantial support in law for any of the propositions involved in these assignments of error in view of the facts of the cases under consideration.
The first assignment of error is palpably untenable.
The trial of the causes at the same time and by the same jury was a matter within the discretion of the trial court, *368and plainly not a subject for appeal to an appellate tribunal. Counsel for defendant have failed to point out wherein any injury has accrued to the defendant, or wherein the defendant has been deprived of any right of defence or other right by the…
2Cases cited8 opinions
- Lyle v. RodgersSupreme Court of the United States · 1820
- Wood v. . TunnicliffNew York Court of Appeals · 1878
- United States v. BuchananSupreme Court of the United States · 1850
- Ebert v. EbertCourt of Appeals of Maryland · 1853
- Sisson ex rel. Morrison v. Mayor of BaltimoreCourt of Appeals of Maryland · 1879
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