Territory v. Ely

Supreme Court of Dakota

Territory v. Ely

6 Dakota 128

CourtSupreme Court Of The Territory Of Dakota

DecidedFebruary 15, 1889

StatusPublished

This text of 6 Dakota 128 (Territory v. Ely) is published on Counsel Stack Legal Research, covering Supreme Court Of The Territory Of Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Territory v. Ely, 6 Dakota 128 (dakotasup 1889).

Pincite

Opinion

Ey the Court :

The judgment of the lower court is affirmed:

1. This court holds there was no error in receiving the mortgage in evidence without the production of the subscribing witnesses— this being a criminal case and the action not being founded upon that instrument.

2. It was no defense that the prosecuting witness might eventually recover for the injury sustained.

3. The language of the district attorney to the jury was not of a character to warrant a new trial.

All concur except McConnell and Spencer, JJ., not sitting.

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Ey the Court :

The judgment of the lower court is affirmed:

1. This court holds there was no error in receiving the mortgage in evidence without the production of the subscribing witnesses— this being a criminal case and the action not being founded upon that instrument.

2. It was no defense that the prosecuting witness might eventually recover for the injury sustained.

3. The language of the district attorney to the jury was not of a character to warrant a new trial.

All concur except McConnell and Spencer, JJ., not sitting.

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Bluebook (online)

6 Dakota 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/territory-v-ely-dakotasup-1889.