MERRICK'S EXECUTOR v. GIDDINGS

Not in source.

115 U.S. 300 (1885)

6 S.Ct. 65

29 L.Ed. 403

MERRICK'S EXECUTOR & Another v. GIDDINGS.

Supreme Court of United States.

Decided November 9, 1885.


Attorney(s) appearing for the Case

Mr. John Selden for plaintiffs in error.

Mr. Attorney-General and Mr. Fletcher P. Cuppy for defendant in error.


MR. JUSTICE HARLAN delivered the opinion of the court. After stating the facts in the language above reported, he continued:

The instruction to find a verdict for the defendant must be tested by the same rules that apply in the case of a demurrer to evidence. Parks v. Ross, 11 How. 362, 373; Richardson v. City of Boston, 19 How. 263, 268; Schuchardt v. Allens, 1 Wall. 359, 370. If, therefore, the facts established, and the...

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