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U.S. Supreme Court

State for Use of Markley v. Baldwin, 112 U.S. 490 (1884)

State for Use of Markley v. Baldwin

Argued November 13-14, 1884

Decided December 15, 1854

112 U.S. 490


A suit on an administrator's bond, taken in the name of a state for the benefit of parties interested, is, for the purposes of jurisdiction, to be regarded as a suit in the name of the party for whose benefit it is brought.

Testimony as to admissions and conduct of a deceased person cannot be impeached by proof of that person's statement concerning the character of the witness testifying to them.

If one of the issues at a trial be whether parties cohabiting together in a state in which marriage is a civil contract, to which no attending ceremonies are necessary, were man and wife, it is the duty of the court to direct the jury, in the absence of statutory regulations on the subject, to the necessity of proof of some public recognition of the marriage, by which it can be known, or reputation of the relation may obtain.

A general verdict upon distinct issues raised by several pleas cannot be sustained if there was error as to the admission of evidence or in the charge of the court as to any one of the issues.

This was a suit on an administrator's bond taken in the name of the State of Maryland for the benefit of the parties interested. It was commenced in a state court of Maryland, against citizens of Maryland, and was removed to the circuit court of the United States on the ground that the real party in interest was a citizen of New Jersey. The facts raising the questions of jurisdiction and the questions on the merits are all fully stated in the opinion of the Court.

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