BRADSTREET V. THOMAS, 37 U. S. 174 (1838)

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U.S. Supreme Court

Bradstreet v. Thomas, 37 U.S. 12 Pet. 174 174 (1838)

Bradstreet v. Thomas

37 U.S. (12 Pet.) 174


It is error on the trial of a writ of right before the grand assize to prevent the introduction of written evidence, because in a trial between the demandant offering the testimony and a defendant claiming in opposition to the demandant under the same title with that of the defendant before the grand assize, the court had frequently examined the title set up by the written evidence offered, and had become fully cognizant of it, and had, in that trial, at the suit of the demandant in which it had been produced, decided that it in nowise tended to establish a legal title to the land in controversy in the demandant.

The demandant had a right to place before the assize all the evidence which she thought might tend to establish her right of property, which had been ruled to be competent evidence in another suit, against the competency of which nothing was objected in this suit, and the assize had a right to have such evidence before it, that it might apply to it the instructions of the court as the law of the case, without which it could not do it.

There is a safer repository of the adjudications of courts than the remembrance of judges, and their declaration of them is no proof of their existence.

This was a writ of error prosecuted by the demandant in the District Court of the Northern District of New York in a writ of right sued out by her. The case was fully argued by Mr. Myer and Mr. Jones for the plaintiff in error; and by Mr. Beardsley for the defendant.

The judgment of the district court was reversed on a single point, the rejection of certain evidence offered by the plaintiff. No opinion was given on any other question in the cause, and the arguments on the numerous points presented to the Court and argued by the counsel for the plaintiff and defendant are therefore omitted.


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