United States v. Smith

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

United States v. Smith

27 F. Cas. 1148, 1 Cranch 475

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

DecidedDecember 15, 1807

StatusPublished

This text of 27 F. Cas. 1148 (United States v. Smith) 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

United States v. Smith, 27 F. Cas. 1148, 1 Cranch 475 (circtddc 1807).

Pincite

Opinion

THE COURT

instructed the jury that it was a felony; but having doubts, said they would hear a motion for a new trial or in arrest of judgment, if a verdict of guilty should be found—which was found accordingly.

And on consideration, THE COURT (nem. con.) was of opinion that it was no felony; that the fence was to be considered as annexed to the freehold, and would descend with the land to the heir, and would not go to the executors.

Judgment arrested.

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THE COURT

instructed the jury that it was a felony; but having doubts, said they would hear a motion for a new trial or in arrest of judgment, if a verdict of guilty should be found—which was found accordingly.

And on consideration, THE COURT (nem. con.) was of opinion that it was no felony; that the fence was to be considered as annexed to the freehold, and would descend with the land to the heir, and would not go to the executors.

Judgment arrested.

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Bluebook (online)

27 F. Cas. 1148, 1 Cranch 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-smith-circtddc-1807.