Legal Opinion

Tiernan v. Woodruff

U.S. Circuit Court for the District of Michigan

Decided June 15, 1850PublishedCited by 13 opinions

[This was an action of assumpsit by Tier-nan’s executors against James Woodruff.]

1Opinion of the Court

WILKINS, District Judge.

The action in this case was commenced at June term, 1847, and the declaration filed on the 2d of August following. The defendant having plead in abatement, his plea was demurred to, and judgment sustaining the demurrer, and ordering defendant to answer over, was entered on the 5th of September, 184S, being in the June term of that year. At the same time, leave was given to the plaintiff to amend his declaration, and, by a subsequent record entry of the 22d of January, 1849, it appears that an amended narr. was filed. The motion now under consideration is to strike the…

2Cases cited3 opinions

  1. Haynes v. MorganMassachusetts Supreme Judicial Court · 1807
  2. Shock v. M'ChesneySupreme Court of Pennsylvania · 1808
  3. Ebersoll v. KrugSupreme Court of Pennsylvania · 1812

3Cited by13 opinions

  1. Tilton v. CofieldSupreme Court of the United States · 1876
  2. McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
  3. Bowden v. BurnhamCourt of Appeals for the Eighth Circuit · 1894
  4. Adams v. MainIndiana Court of Appeals · 1892
  5. Thomas's administrator v. United StatesUnited States Court of Claims · 1879

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