The Supreme Court And Dred Scott Speech of Hon Daniel W Gooch of Mass De
The Supreme Court And Dred Scott Speech of Hon Daniel W Gooch of Mass De
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As he did not deem it advisable to do so, he could after- wards use them only as affecting the merits. Had the judgment of the Circuit Court, on the plea in abatement, been correct, its judgment for the defendant would not have been erroneous, even if the facts set forth in the bill of excep- tions did show that it had not jurisdiction ; and the only error of the Circuit Court, as to jurisdic- tion, if any, is to be found in its judgment on the plea in abatement. It, is of course true, that, if... the judgment on the plea inabatement ise'ro- neous, the judgment on the merits in favor of the defendant, and everything done in the case after the decision on the pha in abatement, is also erroneous ; but it is so, not because of any new or second error subsequently made, but because of the error in the judgment on the plea in abate- ment, which affects and renders erroneous all subsequent pioeeedings. And the decision of the Supreme Court, that the judgment of the Cir- cuit Court ou the plea in abatement was erroneous, and its mandate to the Circuit Court to dismiss the cas° for want of jurisdiction, would ne- cessarily vacate all proceedings of the Circuit Court after the judgment on the plea in abate- ment.
What to read after The Supreme Court And Dred Scott Speech of Hon Daniel W Gooch of Mass De?
You can find similar books in the "Read Also" column, or choose other free books by Daniel Wheelwright Gooch to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
As he did not deem it advisable to do so, he could after- wards use them only as affecting the merits. Had the judgment of the Circuit Court, on the plea in abatement, been correct, its judgment for the defendant would not have been erroneous, even if the facts set forth in the bill of excep- tions did show that it had not jurisdiction ; and the only error of the Circuit Court, as to jurisdic- tion, if any, is to be found in its judgment on the plea in abatement. It, is of course true, that, if... the judgment on the plea inabatement ise'ro- neous, the judgment on the merits in favor of the defendant, and everything done in the case after the decision on the pha in abatement, is also erroneous ; but it is so, not because of any new or second error subsequently made, but because of the error in the judgment on the plea in abate- ment, which affects and renders erroneous all subsequent pioeeedings. And the decision of the Supreme Court, that the judgment of the Cir- cuit Court ou the plea in abatement was erroneous, and its mandate to the Circuit Court to dismiss the cas° for want of jurisdiction, would ne- cessarily vacate all proceedings of the Circuit Court after the judgment on the plea in abate- ment.
What to read after The Supreme Court And Dred Scott Speech of Hon Daniel W Gooch of Mass De?
You can find similar books in the "Read Also" column, or choose other free books by Daniel Wheelwright Gooch to read onlineMoreLess
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