Dexter v. Harris
U.S. Circuit Court for the District of Rhode Island
Ejectment, in the nature of a real action, according to the local practice. This case was tried at the last November term in this district, and a verdict found for the plaintiff [Edward Dexter] upon the following facts: Both parties claimed a title to the demanded premises under one Charles Harris, who died in October, 1784. The defendants [Andrew Harris and others] are the children and heirs of Charles Harris.
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Ejectment, in the nature of a real action, according to the local practice. This case was tried at the last November term in this district, and a verdict found for the plaintiff [Edward Dexter] upon the following facts: Both parties claimed a title to the demanded premises under one Charles Harris, who died in October, 1784. The defendants [Andrew Harris and others] are the children and heirs of Charles Harris. The plaintiff claimed a derivative title, The defence turned upon two points: First, That John Harris as administrator, was to be considered a trustee of the estate, and as such was…
1Opinion of the Court
STORY, Circuit Justice.
This motion for a new trial has been made and argued upon grounds, which were not stated or relied upon at the trial. And the granting of the motion must be in tlie exercise of a sound discretion by tlie court, because injustice has been done to the defendants under eircum-stances which entitle them to relief. If there was error in the law originally laid down to tlie jury the defendants are entitled, I might almost say, ex debito justitiae to a new trial; but if there was no such error, the court ought clearly to see, that manifest injury and injustice have arisen,…
2Cited by19 opinions
- Coryell v. KlehmIllinois Supreme Court · 1895
- Van Dyne v. ThayreNew York Supreme Court · 1838
- Bailey v. GalpinSupreme Court of Minnesota · 1889
- Paige v. O'NealCalifornia Supreme Court · 1859
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
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