(DOWNLOAD) "James Greenleaf's Lessee Plaintiff in Error v. James Birth" by United States Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: James Greenleaf's Lessee Plaintiff in Error v. James Birth
- Author : United States Supreme Court
- Release Date : January 01, 1831
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The plaintiff in error brought an action of ejectment in the circuit court for the county of Washington, in the district of Columbia, to recover a certain lot of land in the city of Washington. The general issue was pleaded; and upon the trial, the jury found a verdict for the defendant, upon which judgment was rendered in his favour. Upon that judgment the present writ of error has been brought. At the trial several exceptions were taken, by the plaintiff, to the opinions expressed or refused by the court. As to some of these exceptions, which are thus brought before us, it is unnecessary to decide whether they are well or ill founded; because, in the progress of the cause, it is apparent, that they worked no ultimate injury to the plaintiff, since, independently of the matters therein stated, it is admitted upon the record, that the plaintiff made out a good title in his lessor, which was all which the plaintiff proposed to establish by them. And we wish it to be understood as a general rule, that where there are various bills of exceptions filed according to the local practice, if in the progress of the cause the matters of any of those exceptions become wholly immaterial to the merits, as they are finally made out at the trials, they are no longer assignable as error; however they may have been ruled in the court below. There must be some injury to the party, to make the matter generally assignable as error. Upon this ground, we shall pass over the exceptions taken to the ruling of the court in the preliminary stages of the cause, as to the title of the lessor of the plaintiff.
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