Ashley v. Board of Sup'rs of Presque Isle County
Court of Appeals for the Sixth Circuit
Error to tlie Circuit Court of the United States for the Eastern District of Michigan. ■ • Action by William J. Ashley against the board of supervisors of the county of Presque Isle. Prom a judgment sustaining a pl,ea in abatement, and dismissing the action, plaintiff brings error.
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Error to tlie Circuit Court of the United States for the Eastern District of Michigan. ■ • Action by William J. Ashley against the board of supervisors of the county of Presque Isle. Prom a judgment sustaining a pl,ea in abatement, and dismissing the action, plaintiff brings error. This ease was before this court at a former term on writ of error, and, upon full consideration of the questions then before the court, the judgment was reversed and the case remanded for a new trial. 16 U. S. App. 656, 8 O. O. A. 455, and 60 Ped. 55. A full statement of the facts of the case, and the issues then…
1Opinion of the CourtClark, District Judge
It will be observed from tke language of tbe plea that the question really made was on the transfer from Whitbeck to Asldey. Notwithstanding this, the plaintiff in error took issue on the plea in abatement. The evidence introduced for the defendant consisted of the depositions of Whitbeck and Ashley, previously taken in the case, in the absence of the issue raised by the plea in abatement and the replication thereto. These depositions were introduced by the defendant with a view to sustain the plea, and William A. Moore was introduced by the plaintiff in error. In tlie discussion of the case…
2Cases cited3 opinions
- Lehigh Mining & Manufacturing Co. v. KellySupreme Court of the United States · 1895
- Stanley v. Board Sup'rs Albany Co.District Court, N.D. New York · 1883
- William R. Hanson, Joseph L. Moss, Isaac Phillips, Joseph M. Moss, and David Samuel, in Error v. Lessee of John H. EustaceSupreme Court of the United States · 1844
3Cited by5 opinions
- Choctaw & M. R. Co. v. NewtonCourt of Appeals for the Eighth Circuit · 1905
- Stephens v. Ohio State Telephone Co.District Court, N.D. Ohio · 1917
- McEldowney v. CardU.S. Circuit Court for the District of Eastern Tennessee · 1911
- Peterson v. SucroCourt of Appeals for the Fourth Circuit · 1938
- Rosenberg v. PlattDistrict Court, E.D. Wisconsin · 1964