Nathan Clifford

Name: Suydam v. Williamson (61 U.S. 427) — Opinion of the Court
Author: Nathan Clifford

Summary

“Suydam v. Williamson (61 U.S. 427) — Opinion of the Court”, is a work by Nathan Clifford. It explores elements such as special verdict, record and writ of error.

Quotes from Suydam v. Williamson (61 U.S. 427… (Nathan Clifford)

Nathan Clifford, Suydam v. Williamson (61 U.S. 427…

“ The bill of exceptions was always the more comprehensive remedy, because it extended, as it still does, not only to the facts in the case, but also to the rulings of the court in admitting or rejecting evidence, and to the instructions given to the jury upon its legal effect. A demurrer to the evidence, while its operation in one respect is nearly the same as that of the bill of exceptions, in another is very different. It extends only to the evidence produced, as the term imports, and has no effect at all upon the rulings of the court by which it was received ”

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Source: Wikisource

Nathan Clifford, Suydam v. Williamson (61 U.S. 427…

“ Whatever might have been the right of the parties under that report, it is too plain for argument, that no one connected with its preparation could have regarded it either as a special verdict or all bill of exceptions. All that it professed to do was to give either party the liberty to turn the case into one or the other of those forms of proceeding; and it is a sufficient answer to any pretensions under the report to say, that the change has not been made; that, for some reason unknown to this court, the right to make the change, if such it was, has never been exercised ”

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Source: Wikisource

Nathan Clifford, Suydam v. Williamson (61 U.S. 427…

“ Evidence, whether written or oral, and whether given to the court or to the jury, does not become a part of the record, unless made so by some regular proceeding at the time of the trial and before the rendition of the judgment. Whatever the error may be, and in whatever stage of the cause it may have occurred, it must appear in the record, else it cannot be revised in a court of error exercising jurisdiction according to the course of the common law. A bill of exceptions undoubtedly is the safest method, as it is the most comprehensive one in its operation ”

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Source: Wikisource

Nathan Clifford, Suydam v. Williamson (61 U.S. 427…

“ Whenever the parties to a pending suit desire to place the facts of the case upon the record, so as to secure the right to have the law arising on the facts revised on a writ of error, they must adopt some one of the methods already suggested to effectuate that purpose, as there are no other effectual methods by which it can be accomplished. ”

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Source: Wikisource

Nathan Clifford, Suydam v. Williamson (61 U.S. 427…

“ When a party is dissatisfied with the decision of his cause in an inferior court, and intends to seek a revision of the law applied to the case in a superior jurisdiction, he must take care to raise the questions of law to be revised, and put the facts on the record for the information of the appellate tribunal ”

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Source: Wikisource

Nathan Clifford, Suydam v. Williamson (61 U.S. 427…

“ A writ of error is an original writ, and lies only when a party is aggrieved by some error in the foundation, proceedings, judgment, or execution, of a suit in a court of record, and is defined to be a commission, by which the judges of one court are authorized to examine a record upon which a judgment was given in another court, and, on such examination, to affirm or reverse ”

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Source: Wikisource

Nathan Clifford, Suydam v. Williamson (61 U.S. 427…

“ A demurrer to evidence is defined by the best test writers to be a proceeding by which the court in which the action is depending is called upon to decide what the law is upon the facts shown in evidence, and it is regarded in general as analogous to a demurrer upon the facts alleged in pleadng. ”

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Source: Wikisource

Nathan Clifford, Suydam v. Williamson (61 U.S. 427…

“ Another method by which certain evidence may be incorporated into the record at the nisi prius trial is by oyer, which occurs where the plaintiff in his declaration, or the defendant in his plea, finds it necessary to make a profert of a deed, probate, letters of administration, or other instrument, under seal, and the other party prays that it may be read to him, which in such a case cannot, as a general rule, be denied by the court ”

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Source: Wikisource

Nathan Clifford, Suydam v. Williamson (61 U.S. 427…

“ A mass of evidence in that case was received from both parties, consisting of concessions and grants under the Spanish Government, intermediate conveyances, documents showing the proceedings in regard to the title under the laws of the United States, and parol testimony ”

Nathan Clifford

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Quotes from Suydam v. Williamson (61 U.S. 427… (Nathan Clifford)

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