—a judgment to that effect whether the additional facts alleged and proved entitled them to this additional relief or not. The omission to indorse on the petition that the action was brought to try the title, as directed in the statute, cannot control the nature of the suit, when it necessarily involved the right of the plaintiffs' title; and if its character and object could have been …

But in ejectment actions federal courts followed a state statute which gave the losing party a new trial as a matter of right.

The decision of the Supreme Court of Pennsylvania, in the former action of ejectment, is certainly not conclusive as an adjudication of the rights of the parties, inasmuch as a single verdict and judgment in ejectment, not being conclusive under the laws and in the courts of the State, is not conclusive in the courts of the United States, and is no bar to a second action of …

However, a State statute giving an absolute right to two trials, as in ejectment, is a rule of property, and Federal courts will conform to it.

Finally, motions for a new trial, and bills of exceptions are not "pleadings," and consequently are not included by the Statute.

In general, it is not within the power of the lower court, in entering the judgment of the Supreme Court, to award a new trial; but when in ejectment the State law allows a new trial without showing cause, the judgment in such case is subject to the same control by the lower court as if thus rendered in the first instance.

The Illinois statute, which gives one new trial as of right "within one year after a judgment, either upon default or verdict, in an action of ejectment," to the party against whom it is rendered, on payment of all costs, is applicable to an action of ejectment to recover lands in Illinois, removed to the federal court, even after judgment entered upon a mandate of the supreme …

Code of Procedure of 1887, the defeated party in an action to recover the possession of real property, who has never had a new trial of his case as of right under that statute, is entitled to the vacation of any judgment rendered against him and to a new trial of his case without showing cause, if he pays the costs before the first day of the term next succeeding the rendition …

—of stating its conclusion of law on what it deems to be the legal point involved rather than answering in a qualified manner

[BOOK] Moore's federal practice

[BOOK] History of the Seventh Circuit, 1891-1941

[CITATION] Cyclopedia of Federal Procedure