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Townsend Vs. Jemison
Cites for this judgment
- US Supreme Court
- Jan 01, 1849
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U.S. 706 (1849) U.S. Supreme Court Townsend v. JemisonSearch
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U.S. 7 How. 706 706 (1849) Townsend v. JemisonSearch
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is an issue of fact and another of law in the same action, to have the question of law heard and decided first. Green v. DulanySearch
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Muldrow v. McLellandSearch
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Dubery v. PaigeSearch
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demurrer, and a separate and unnecessary decision on them, afterwards. Such was the presumption in the case of Bond v. HillsSearch
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Stewart 283, more fully explained hereafter. It was held likewise in Morrison v. MorrisonSearch
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to the same matter, and the latter was tried first, it must be presumed that the other had been waived. In Dufan v. Couprey'sSearch
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formally, an abandonment of a wish for any separate decision on the demurrer. See cases of this kind. Wright v. HollingsworthSearch
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Vaiden v. BellSearch
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Patrick v. ConradSearch
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Casky v. JanuarySearch
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As a plea of the general issue, while a demurrer is pending undisposed of, is considered a waiver of it. Cobb v. IngallsSearch
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Kincaid v. HigginsSearch
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Kyle v. HayleSearch
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and been decided in conformity with these views. In the case of Cochran's Page 48 U. S. 719 Executors v. DavisSearch
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So in substance it was held in McCollom v. HoganSearch
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and in Bond v. HillsSearch
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another on a matter entirely distinct is not disposed of, it may not be proper always to consider it as decided. Pratt v. PayneSearch
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this very term, we have a strong illustration of the correctness or truth of such a presumption, in the case of Harris v. WallSearch
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on that circuit, now present, has with him his written opinion, which he delivered when deciding it. So in Stockton v. BishopSearch
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too, being the duty of the court, they are to be presumed, till the contrary appears, to have done their duty. Wilkes v. DinsmanSearch
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judgment, where substance enough appears to show that all which was proper and required was properly done. Willoughby v. GraySearch
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O'Driscoll v. McBurneySearch
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to matters necessary to be shown to get a verdict, and hence, after it, are presumed to have been shown. Renner v. BankSearch
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Carson v. HoodSearch
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Cotterel v. CumminsSearch
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fully cured by the statutes of jeofails as those connected with the verdict are by intendment at common law. Stennel v. HoggSearch
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Dale v. DeanSearch
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gone so far as to hold, in error, that any defect amendable below will be considered as actually amended. Cummings v. LeboSearch
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In conclusion on this point, this Court, by CATRON, JUSTICE, in the writ of error before named of Stockton v. BishopSearch
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and afterwards reverse judgments for omissions, which, if noticed at the time, would have been corrected. McCready v. JamesSearch
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on each, but general on all, and the objection was taken on the writ of error, in Page 48 U. S. 722 Roach v. HulingsSearch
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Mass. 198, and is otherwise in England, Grant v. AstleSearch
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from him alone, and on the promise made to him alone for its payment in a particular manner. See, on this, Read v. NashSearch
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King v. DespardSearch
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Towne v. GroverSearch
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Hodgson v. AndersonSearch
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Morgan v. MorganSearch
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Saunders v. JohnsonSearch
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Phelps v. TaylorSearch
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McWaters v. DraperSearch
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Hardin 164. In Foster v. JacksonSearch
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probably be for the plaintiff, and then the same judgment be entered again on the verdict which exists now. McGriffin v. HelsonSearch
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Jackson v. RunletSearch
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and satisfactorily, as every reasonable intendment should be in favor of a judgment already rendered. Fentriss v. SmithSearch
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Lander v. ReynoldsSearch
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U.S. Supreme Court Townsend v. JemisonSearch
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