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Pensacola Ice Co. v. Perry

Pensacola Ice Company v. Perry

Pensacola Ice Co. v. Perry, 120 U.S. 318 (1887)
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Court
Supreme Court of the United States
Decided
February 7, 1887
Judges
Waite
Citations
120 U.S. 3187 S. Ct. 57630 L. Ed. 6631887 U.S. LEXIS 1977
Syllabus
It appearing by the record in this court that the Verdict at the trial of an action of ejectment in the Circuit Court of the United States sitting in Florida did not state the quantity of the estate or describe the land, the judgment was reversed and the canse remanded for a new trial.
Summary
error to the circuit court of the united states FOR THE NORTHERN DISTRICT OF'FLORIDA. The case is stated in the opinion of the court,

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Waite

Mr. Chief Justice Waite delivered the opinion of the court.

*319 A statute of Florida, approved February 22, 1881, contains tlie following provisions:

“ Sec. A The verdict in actions of ejectment shall, when for the plaintiff, state the quantity of the estate of the plaintiff, and describe the land by its metes and bounds, by the number of the lot or other certain description.

“ Sec. 5. The judgment awarding possession shall, in like manner, state the quantity of the estate, and give description of the land recovered.”

This was an action of ejectment, and the verdict, which was fo.r the plaintiff, -did not state the quantity of the estate or describe the land. This is assigned for error, among others, and Perry, the defendant in error, in the brief which has been filed in his behalf, confesses that the judgment in hisffavor is thereby vitiated. Without considering any of the other errors, assigned, therefore, we reverse the judgment on this ground alone and remand the cause for a new trial. ' Reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1893: 11903: 118932026peak 1893 · 1

Relies on it most ⓘ

  1. Hoover v. King65 L.R.A. 790 (Or. 1903)
  2. Farley v. Hill150 U.S. 572 (1893)

Most recent

  1. Hoover v. King65 L.R.A. 790 (Or. 1903)
  2. Farley v. Hill150 U.S. 572 (1893)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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