Appellant's Brief on Appeal

Item

“Appellant’s Brief on Appeal”. Second Appeal to the Supreme Court of the State of Missouri, 1850-1852, 1850, St. Louis Circuit Court Historical Records Project, accessed October 3, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/109361

Full Text: See images and transcription side by side
Filing Name: Appellant's Brief on Appeal
Description: Emerson (appellant) argument for overruling verdict below
Date: 1850-03
Court Term: March Term 1852
Is Part Of: Second Appeal to the Supreme Court of the State of Missouri, 1850-1852
Identifier: dre1852.0000.149
Case ID: ccr1850.0000.011
Source: Missouri State Archives - Supreme Court of Missouri Historical Records
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Item Page 1**

> Image file: MSA-B161F17b.38.jpg
> Document: Appellant's Brief on Appeal

52

Irene Emerson
vs
Dred Scott
same
vs
Harriet

Brief

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**Item Page 2**

> Image file: MSA-B161F17b.39.jpg
> Document: Appellant's Brief on Appeal

The affidavit is no affidavit,and the
case as far as this question is concerned
stood before the Court below, and in the
review of the decision of that Court by
this Court stands precisely as if there were
no affidavit on file, and for this reason,
if the application for a new trial
had stood upon the ground of surprize alone,
it must have fallen to the ground.

Admitting for the purpose of argument
that a proper affidavit setting
out all the facts set out in the affidavit
purporting to be made by Dred Scott
had been filed in the case, it shows
only an improper surprize, and which
this Court will relieve against.

G. W. Goode
Atty for appellant.

Item sets: Dred Scott Collection; Second Appeal to the Supreme Court of the State of Missouri, 1850-1852