Doe on the Demise of Elmore v. Grymes

Supreme Court

Doe on the Demise of Elmore v. Grymes

26 U.S. 469, 7 L. Ed. 224, 1 Pet. 469, 1828 U.S. LEXIS 418

CourtSupreme Court of the United States

DecidedFebruary 26, 1828

StatusPublished

Cited by54 cases

This text of 26 U.S. 469 (Doe on the Demise of Elmore v. Grymes) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doe on the Demise of Elmore v. Grymes, 26 U.S. 469, 7 L. Ed. 224, 1 Pet. 469, 1828 U.S. LEXIS 418 (1828).

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Opinions

Mr. Chief Justice Marshall

delivered the opinion of the Court.-—

The Court has had this, case under its consideration, and is of opinion that the Circuit Court had no authority to order a peremptory nonsuit, against the will pf the plaintiff. He had [472]*472a right by law to a trial by a jury; and to have had the case submitted to them.- He might agree to a nonsuit;- but if he did not so choose, the Court; could not compel him- to submit to it. But the state.of the' record does not en.able'this Court to render a final judgment, because the record is defective, in not shiow-inga judgment of nonsuit, entered in the Circuit Court. Although the bill of. exceptions states that fact yet the-record does not contain the judgment itself..

The plaintiff may therefore apply for a. certiorari, tp bring up a perfect record,-or dismiss-.the present writ of error and proceed anew; as his counsel may think best for the interest of their client. '*

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Mr. Chief Justice Marshall

delivered the opinion of the Court.-—

The Court has had this, case under its consideration, and is of opinion that the Circuit Court had no authority to order a peremptory nonsuit, against the will pf the plaintiff. He had [472]*472a right by law to a trial by a jury; and to have had the case submitted to them.- He might agree to a nonsuit;- but if he did not so choose, the Court; could not compel him- to submit to it. But the state.of the' record does not en.able'this Court to render a final judgment, because the record is defective, in not shiow-inga judgment of nonsuit, entered in the Circuit Court. Although the bill of. exceptions states that fact yet the-record does not contain the judgment itself..

The plaintiff may therefore apply for a. certiorari, tp bring up a perfect record,-or dismiss-.the present writ of error and proceed anew; as his counsel may think best for the interest of their client. '*

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Bluebook (online)

26 U.S. 469, 7 L. Ed. 224, 1 Pet. 469, 1828 U.S. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-on-the-demise-of-elmore-v-grymes-scotus-1828.

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