Cases Summarily Disposed of On Motion in the United States Supreme Court
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Motion to dismiss granted at regular hearing.
Opinion. — This case was before us at the last term, upon motion to dismiss the writ of error.
The suit originally brought in the District Court for the Territory of Nevada was an action of ejectment for an undi- vided interest in a mining claim.
DISPOSED OF OS MOTION. 117 Upon trial there was a verdict and judgment for the plain- tiff. Subsequently, and in accordance with the statute of Nevada, a motion for a new trial was made, which was de- nied.... An appeal was then taken to the Supreme Court of the Territory, which gave judgment affirming the judgment or decree of the District Court.
We were asked to dismiss the writ upon the ground that this judgment affirmed only the order of the District Court denying the motion for new trial, and was, therefore^ not reviewable here.
On opening the record, however, it was apparent that the judgment of the appellate court was, in terms, an affirmance of the judgment or decree of the District Court, and that the only judgment of that court, properly so called, was the judgment for the defendants in the action of ejectment.
What to read after Cases Summarily Disposed of On Motion in the United States Supreme Court?
You can find similar books in the "Read Also" column, or choose other free books by Armes, C. H. (Charles Henry) to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Motion to dismiss granted at regular hearing.
Opinion. — This case was before us at the last term, upon motion to dismiss the writ of error.
The suit originally brought in the District Court for the Territory of Nevada was an action of ejectment for an undi- vided interest in a mining claim.
DISPOSED OF OS MOTION. 117 Upon trial there was a verdict and judgment for the plain- tiff. Subsequently, and in accordance with the statute of Nevada, a motion for a new trial was made, which was de- nied.... An appeal was then taken to the Supreme Court of the Territory, which gave judgment affirming the judgment or decree of the District Court.
We were asked to dismiss the writ upon the ground that this judgment affirmed only the order of the District Court denying the motion for new trial, and was, therefore^ not reviewable here.
On opening the record, however, it was apparent that the judgment of the appellate court was, in terms, an affirmance of the judgment or decree of the District Court, and that the only judgment of that court, properly so called, was the judgment for the defendants in the action of ejectment.
What to read after Cases Summarily Disposed of On Motion in the United States Supreme Court?
You can find similar books in the "Read Also" column, or choose other free books by Armes, C. H. (Charles Henry) to read onlineMoreLess
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