And now at this time comes Irene EmersonIrene Emerson , by GarlandGarland Norris & NorrisGarland Norris her Attorneys & moves this Honorable Court for a new Trial in the above entitled Causeâs, & herewith files her reasons in support of said motion
And now at this time comes Irene EmersonIrene Emerson , by GarlandGarland Norris & NorrisGarland Norris her Attorneys & moves this HonorableHon Court for a new trial in the above entitled Cause, & herwith files her reasons, in support of said motion, to wit.
It is hereby Stipulated by and between the parties in the above entitled cause, by their respective Counsel, that inasmuch as the points & principles of Law to be decided in the case of Dred ScottDred Scott versusvs. Irene EmersonIrene Emerson are identical with those on the cause in the caption that the decision of the Supreme CourtSupreme Court , in said Scotts case, Shall also decide & conclude the case of the Said, HarrietHarriet his wife & that upon the filing of a duly certified copy of the decision & decree of the Supreme CourtSupreme Court of the State of MissouriMissouri in Said Scotts cause, in the case of HarrietHarriet , of Color against Irene EmersonIrene Emerson , the same shall have equal force & Effect as in Scotts Caseâ
In accordance withBy stipulation filed filed Feb 12. 1850, ^ that the judgment in this case was to abide the decision of the case of ScottScott versusvEmersonEmerson , the judgment in this case is set aside, & verdict & judgment for defendant, to
Be it remembered that on the trial of this Cause at the November Term of this Court Anno DominiAD1849â That the entire evidence offered by the Plaintiff Dred ScottDred Scott was contained in the following Depositions (here insert the Depositions of , & Catharine A Anderson ) & the testimony of who testified that he hired the Plaintiff ScottScott of Mrs. EmersonEmerson ^ the widow of . John Emerson who was a surgeon in the United StatesUnited StatesU.S. army at and & paid the wages due, sometimes to her & sometimes to her agent, that such hiring was previous to the commencement of this suit & was in the City & County of . LouisSt Louis ^ she claimed the PlaintiffPltff as her Slave â That the Defendant EmersonEmerson offered no testimony illegible on said trial, but asked of the Court the following instructions (here set out instructions marked âAâ) which the Court refused to give, to which refusal the Defendant, by Counsel, then & there exceptedâ That thereupon the Plaintiff ScottScott , by Counsel, asked the following instructions (here set out instructions marked âBâ) which were given by the Court & to the giving of which the Defendant by her Counsel there & then Excepted â That under Said Depositions Testimony & Instructions the Jury on the trial aforesaid, âfound for the plaintiffâ ^ the following verdict. (here insert the verdict) Whereupon Defendant filed by her Attorney at the Same Term & within four days after trial & verdict the following motion, with the accompanying reasons for a New trial ( here insert the motion etc. filed JanuaryJany 12th1850â50) that said Motion afterwards coming on to be heard at Said Term in its regular place upon the Law Docket, after hearing was by the Court refused, to which refusal to grant a new trial, Defendant by Counsel then & there duly Excepted & now Excepts & to preserve the Evidence of all of which, the Counsel for the Defendant asks that this
Now come again the parties herein by their respective attorneys, and the Court here being now sufficiently advised of and concerning the premises, do consider and adjudge that the Judgment aforesaid, in fore aforesaid by the said Circuit CourtCircuit Court rendered, be reversed, annulled, and for nought held and esteemed, and that said appellant be restored to all things which he has lost by reason of said judgment; and the Court further consider, that said cause be remanded to said Circuit CourtCircuit Court for further proceedings, according to the opinion of this Court herein delivered, and that said plaintiff recover against said Defendant his costs and charges herein expended and have thereof execution
I , Clerk of the Supreme CourtSupreme Court of the State of MissouriMissouri, at LouisSt Louis, certify that the foregoing is a full and true transcript of the judgment of said Court in the case of Dred ScottDred Scott against Irene EmersonIrene Emerson , decided at the aforesaid term of said Court. Witness my hand and the Seal of said Court at Office in S LouisS Louis this Tenth day of April Anno Domini Eighteen hundred and fifty two.