Deery v. Cray

CourtUnited States Supreme Court
Citation18 L.Ed. 653,5 Wall. 795,72 U.S. 795
PartiesDEERY v. CRAY
Decision Date01 December 1866
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88 practice notes
  • Baker v. Kansas City, Ft. S. & M. R. Co.
    • United States
    • United States State Supreme Court of Missouri
    • March 24, 1894
    ...clearly that the error did not and could not have prejudiced the rights of the complaining party. To use the language of Deery v. Cray, 5 Wall. 795: "The case must be such that the court is not called on to decide upon the preponderance of the evidence that the verdict was right, notwithsta......
  • Tyrrell v. Prudential Ins. Co. of Am., No. 701.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 4, 1937
    ...739, 26 L. R.A. 289, 43 Am.St.Rep. 247, 253; Blodgett v. Perry (Mo.) 10 Am.St.Rep. 307, 311; Deery's Lessee v. Cray, 5 Wall. (U.S.) 795, 18 L.Ed. 653, 655. See Capen's Adm'r v. Sheldon, 78 Vt. 39, 46, 61 A. 864; Girard v. Vt. Mut. F. Ins. Co., 103 Vt. 330, 339, 154 A. This exception is not ......
  • Resurrection Gold Min. Co. v. Fortune Gold Min. Co., 1,789.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 14, 1904
    ...who assigns it. Boston & Albany Railroad v. O'Reilly, 158 U.S. 334, 337, 15 Sup.Ct. 830, 39 L.Ed. 1006; Deery v. Cray, 5 Wall. 795, 807, 18 L.Ed. 653; Gilmer v. Higley, 110 U.S. 47, 3 Sup.Ct. 471, 28 L.Ed. 62. In the second place, the presumption is that the answer to a question propounded ......
  • Aetna Indem. Co. v. J.R. Crowe Coal & Mining Co., 2,354.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 27, 1907
    ...party, that the rule that error without prejudice is no ground for reversal can have effect. Deery v. Cray, 5 Wall. 795, 807, 808, 18 L.Ed. 653; [154 F. 565] Peck v. Heurich, 167 U.S. 624, 629, 17 Sup.Ct. 927, 42 L.Ed. 302; Smith v. Shoemaker, 17 Wall. 630, 639, 21 L.Ed. 717; Moores v. Bank......
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85 cases
  • Baker v. Kansas City, Ft. S. & M. R. Co.
    • United States
    • United States State Supreme Court of Missouri
    • March 24, 1894
    ...clearly that the error did not and could not have prejudiced the rights of the complaining party. To use the language of Deery v. Cray, 5 Wall. 795: "The case must be such that the court is not called on to decide upon the preponderance of the evidence that the verdict was right, notwithsta......
  • Tyrrell v. Prudential Ins. Co. of Am., No. 701.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 4, 1937
    ...739, 26 L. R.A. 289, 43 Am.St.Rep. 247, 253; Blodgett v. Perry (Mo.) 10 Am.St.Rep. 307, 311; Deery's Lessee v. Cray, 5 Wall. (U.S.) 795, 18 L.Ed. 653, 655. See Capen's Adm'r v. Sheldon, 78 Vt. 39, 46, 61 A. 864; Girard v. Vt. Mut. F. Ins. Co., 103 Vt. 330, 339, 154 A. This exception is not ......
  • Resurrection Gold Min. Co. v. Fortune Gold Min. Co., 1,789.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 14, 1904
    ...who assigns it. Boston & Albany Railroad v. O'Reilly, 158 U.S. 334, 337, 15 Sup.Ct. 830, 39 L.Ed. 1006; Deery v. Cray, 5 Wall. 795, 807, 18 L.Ed. 653; Gilmer v. Higley, 110 U.S. 47, 3 Sup.Ct. 471, 28 L.Ed. 62. In the second place, the presumption is that the answer to a question propounded ......
  • Aetna Indem. Co. v. J.R. Crowe Coal & Mining Co., 2,354.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 27, 1907
    ...party, that the rule that error without prejudice is no ground for reversal can have effect. Deery v. Cray, 5 Wall. 795, 807, 808, 18 L.Ed. 653; [154 F. 565] Peck v. Heurich, 167 U.S. 624, 629, 17 Sup.Ct. 927, 42 L.Ed. 302; Smith v. Shoemaker, 17 Wall. 630, 639, 21 L.Ed. 717; Moores v. Bank......
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