Inglee v. Coolidge
Supreme Court of the United States
This was a writ of error upon a judgment of the supreme judicial court of Massachusetts, rendered in an action of assumpsit. The declaration contained three counts, to which the general issue was pleaded, and upon two of these counts the jury found a general verdict for the defendant, (the plaintiff in error,) and upon the third count a general verdict, with damages for the original plaintiff.
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This was a writ of error upon a judgment of the supreme judicial court of Massachusetts, rendered in an action of assumpsit. The declaration contained three counts, to which the general issue was pleaded, and upon two of these counts the jury found a general verdict for the defendant, (the plaintiff in error,) and upon the third count a general verdict, with damages for the original plaintiff. The cause was then continued, as the record states', “ for. the opinion of the whole court upon the law of the case, as reported by the judge who tried the same.” At a subsequent term, judgment was…
1Opinion of the CourtJustice Story
Mr. Wheaton, for the defendant in error, moved for costs.
A motion has been made to dismiss the writ oí error, upon the ground that there is nothing apparent upon the record which brings the case within the appellate jurisdiction of this court, under the 25th section of the judiciary act of 1789. It is conceded, on all sides, that this is entirely correct, unless the report of the judge who tried the cause, which contains a statement of the facts, is to be considered as A part of the record. And we are unanimously of opinion that it cannot he so considered. It is not like a special verdict or…
2Cited by32 opinions
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- Beaston v. Farmers' Bank of Del.Supreme Court of the United States · 1838
- United States v. EliasonSupreme Court of the United States · 1842
- Kanouse v. MartinSupreme Court of the United States · 1854
- Citizens' Bank v. CannonSupreme Court of the United States · 1896
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