Costigan v. Wood

U.S. Circuit Court for the District of District of Columbia

Costigan v. Wood

6 F. Cas. 612, 5 D.C. 507, 5 Cranch 507

CourtU.S. Circuit Court for the District of District of Columbia

DecidedNovember 15, 1838

StatusPublished

This text of 6 F. Cas. 612 (Costigan v. Wood) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Costigan v. Wood, 6 F. Cas. 612, 5 D.C. 507, 5 Cranch 507 (circtddc 1838).

Pincite

Opinion

The Court

(Cranch, C. J.,

contrd,) gave the instruction.

The plaintiff then gave such a notice, and had*a verdict in his favor.

Mr. Bradley, for the defendant, cited Jackson v. Rowan, 9 Johns. 330; Jackson v. Wheeler, 6 Johns. 272; Shepard v. De Bernales, 13 East, 565.

Mr. R. J. Brent, for the plaintiff, cited Smith v. Stewart, 6 Johns. 45; 1 Saund. on Pleading, 565.

In the cases cited from 9 Johnson, 330, and 13 East, 565, the defendant was lawfully in possession and in no default; so also in the case of Jackson v. Wheeler, 6 Johns. 272. See Smith v. Stewart, 6 Johns. 46, and the cases cited in the margin of that ease, 3d edition.

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