Coughran v. Bigelow
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE TERRITORY OP UTAH. Eugene W. Coughran and Nathan H. Cottrell filed their amended complaint in the district court of the first judicial district of the Territory of Utah on December 15, 1891, against Henry C. Bigelow and H. P. Henderson, showing that on April 26, 1890, E. A. Reed and H. H. Henderson, as prin- • cipals, and the defendants as sureties, executed and delivered to the plaintiffs a bond conditioned for the performance of a contract…
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ERROR TO THE SUPREME COURT OP THE TERRITORY OP UTAH. Eugene W. Coughran and Nathan H. Cottrell filed their amended complaint in the district court of the first judicial district of the Territory of Utah on December 15, 1891, against Henry C. Bigelow and H. P. Henderson, showing that on April 26, 1890, E. A. Reed and H. H. Henderson, as prin- • cipals, and the defendants as sureties, executed and delivered to the plaintiffs a bond conditioned for the performance of a contract on the part of the said principals to convey to'the plaintiffs an interest in certain lands situate in Weber County,…
1Opinion of the CourtJustice Shiras
The ruling of the Supreme Court of the Territory of Utah in affirming the action of the trial court ordering a nonsuit of plaintiffs is assigned as error. It was held by this court in Elmore v. Grymes, (1 Pet. 469,) that a Circuit Court of the United States had no authority to order a peremptory nonsuit against the will of the plaintiff. This case has been followed in repeated decisions. Crame v. Morris, 6 Pet. 598; Castle v. Bullard, 23 How. 172.
The foundation for those rulings was not m the constitutional right of a trial by jury, for it has long been the doctrine of this court that in…
2Cases cited10 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Pleasants v. FantSupreme Court of the United States · 1875
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Castle v. BullardSupreme Court of the United States · 1860
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3Cited by56 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Brady v. Southern Railway Co.Supreme Court of the United States · 1944
- Galloway v. United StatesSupreme Court of the United States · 1943
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Hamden Lodge No. 517 v. Ohio Fuel Gas Co.Ohio Supreme Court · 1934
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