Legal Opinion

Stuart v. Easton

Supreme Court of the United States

Decided May 9, 1898No. 197PublishedCited by 35 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOE THE THIRD CIRCUIT. By an act of the general assembly of the Province of Pennsylvania, passed on March 11, 1752, Penn. Provincial Laws 1775, p. 235, c: 2,. the county of Northampton was erected out of a portion of the county of Bucks. In the sixth and seventh clauses of the act it was provided as follows: • “ VI.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOE THE THIRD CIRCUIT. By an act of the general assembly of the Province of Pennsylvania, passed on March 11, 1752, Penn. Provincial Laws 1775, p. 235, c: 2,. the county of Northampton was erected out of a portion of the county of Bucks. In the sixth and seventh clauses of the act it was provided as follows: • “ VI. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for Thomas Craig, Hugh Wilson, John Jones, Thomas, .Armstrong and James Martin, or any threerof them, to purchase and take assurance to them and…

1Opinion of the CourtJustice White

The errors assigned are misdirection in instructing the jury to render a verdict for the defendant and wrongful exclusion of the offered evidence. We at once dismiss the latter assignments from consideration. The evidence offered to aid in the construction of the patent was clearly incompetent, as the patent, being a written instrument, its construction and legal effect were a matter for the court, and, even if an estoppel had been pleaded, the excluded evidence could not have estopped the county from asserting that the patent of 1761 had the meaning contended for. As regards the evidence…

2Cases cited3 opinions

  1. Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
  2. Cook v. TrimbleSupreme Court of Pennsylvania · 1839
  3. Van Der Volgen v. . YatesNew York Court of Appeals · 1853

3Cited by35 opinions

  1. Papasan v. AllainSupreme Court of the United States · 1986
  2. Fordyce v. Woman's Christian National Library Ass'nSupreme Court of Arkansas · 1906
  3. Alabama v. SchmidtSupreme Court of the United States · 1914
  4. Jensen v. NelsonSupreme Court of Iowa · 1945
  5. Levin v. United StatesCourt of Appeals for the Ninth Circuit · 1925

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