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BRADSTREET v. THOMAS

37 U.S. 174 (1838)

12 Pet. 174

MARTHA BRADSTREET, PLAINTIFF IN ERROR v. ANSON THOMAS.

Supreme Court of United States.

Attorney(s) appearing for the Case

This was a writ of error prosecuted by the demandant, in the district court of the northern district of New York, in a writ of right sued out by her. The case was fully argued by Mr. Myer and Mr. Jones for the plaintiff in error; and by Mr. Beardslev for the defendant.

Mr. Justice WAYNE delivered the opinion of the Court:

We will direct our attention to a single point in this cause, because it is the most important in principle and practice; and is, in our opinion, conclusive of the judgment which this Court must render upon this writ of error.

The tenant in the writ of right, upon the trial of the cause, having given his evidence, and rested his cause upon it, the demandant, upon

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