REED V. MARSH, 38 U. S. 153 (1839)

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U.S. Supreme Court

Reed v. Marsh, 38 U.S. 13 Pet. 153 153 (1839)

Reed v. Marsh

38 U.S. (13 Pet.) 153


The certificate of the clerk of the court that a motion was made for a new trial, and reasons and certain papers filed on which the motion was founded, which are on the files of the court, is not a part of the record, nor do the reasons on the files of the court become a part of the record by such certificate.

A writ of error under the 25th section of the Judiciary Act will not lie to a state court in a case in which the proceedings of the court which the writ of error seeks to revise appears from such a certificate by the clerk of the state court.

This was an action of ejectment brought in the Supreme Court of the State of Ohio by the plaintiff in error against the defendant in error. The declaration, common consent rule, and plea of not guilty are in the usual form, according to the practice in Ohio. Upon these pleadings the case was tried in the Supreme Court for the County of Scioto, and a general verdict of not guilty was found for the defendant, Marsh. No bill of exceptions was prayed for by either party to the charge of the court to the jury, nor was the evidence given to the jury made a part of the record by special verdict, agreed statement of facts, by bill of exceptions, or any other form. After the rendition of the verdict, the plaintiff submitted a motion for a new trial, and on the following day filed his reasons with the clerk of the court.

The court reserved the motion for decision by the court in bank, and the motion was, after argument and consideration, overruled.

The reasons for a new trial exhibited the title claimed by the plaintiff in the ejectment, under the ordinance of Congress and acts of Congress relative to lands in the territory northwest of the Ohio, and alleged that by the construction of those acts which was asserted by the plaintiff, the land in controversy belonged to the plaintiff, and by a misconstruction of the statutes by the court on the trial of the cause, the title of the defendant had been sustained.

The motion stated that the court had refused to charge the jury upon the matters exhibited by the plaintiff to sustain his title under the acts of Congress and upon the construction contended for in favor of the title set up by him. Other reasons for a new trial were also stated, founded on an allegation that the verdict was contrary to evidence and that certain evidence was illegally admitted.

The reasons filed by the plaintiff for a new trial are incorporated into the transcript of the record, which has been certified up to this Court. Appended to the record are copies of the plaintiff's patent; copies of the surveyor's field notes of certain surveys made for the United States; copies of maps and descriptions of the land in controversy,

Page 38 U. S. 154

and of the surrounding district of country, and copies of certain acts and ordinances of Congress which the clerk certifies are referred to in the plaintiff's fifth reason for a new trial as the same remain on the files of the court.

Page 38 U. S. 155

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