Holmes v. Sheridan
U.S. Circuit Court for the District of Kansas
Actions .for trespass and false imprisonment These were actions of trespass against Philip H. Sheridan and John H. Paige — the one for trespass to the person, and the other to the property of the plaintiff. They were removed into this court from the state court, and, after removal, ordered to be tried at the same time and to the same jury.
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Actions .for trespass and false imprisonment These were actions of trespass against Philip H. Sheridan and John H. Paige — the one for trespass to the person, and the other to the property of the plaintiff. They were removed into this court from the state court, and, after removal, ordered to be tried at the same time and to the same jury. The defendant, Sheridan, was a major-general in the army of the United States, and the other defendant, Paige, was a major under the command of General Sheridan. The United States government assumed the defence of the actions.
1Opinion of the CourtDillon, Circuit Judge
(charging jury). I. Under the statutes of the state relating to practice, adopted in this court, these two actions, which were originally brought in the state qourt, and afterwards removed into this court, might have been joined, and as both actions arise out of the same transaction, this court directed that they be tried at the same time and to the same jury. You are empan-elled to try them; but you will consider them separately, the same as if each was alone before you. Both are actions in the nature of trespass, — the one to the property, the other to the person of the plaintiff.
In the…
2Cases cited1 opinion
- Wellman v. WickermanSupreme Court of Missouri · 1869
3Cited by2 opinions
- Keep v. Indianapolis & St. Louis R.U.S. Circuit Court for the District of Eastern Missouri · 1882
- Hunter v. RussellU.S. Circuit Court for the District of Montana · 1894