Mann v. Dempster
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Action by Samuel Dempster against William D’Alton Mann and another.- Judgment for plaintiff, and defendants bring error. Reserved for further hearing.
1Opinion of the Court
LACOMBE, Circuit Judge.
The action was for libel. At the close of the testimony the trial judge asked if there were any requests to charge. Both sides replied that they had no requests to hand up. Thereupon the court charged the jury quite fully. At the close of the charge defendant’s counsel said, “If the court please, I desire to except — ” when the court interrupted him, saying, “You will note your exceptions to the charge to the stenographer; it is not necessary for the jury to wait.” Thereupon, as the record shows, the jury retired and the judge retired. Defendant’s counsel then dictated…
2Cases cited5 opinions
- Phelps v. MayerSupreme Court of the United States · 1854
- Commercial Travelers' Mut. Acc. Ass'n v. FultonCourt of Appeals for the Second Circuit · 1897
- Park Bros. & Co. v. BushnellCourt of Appeals for the Second Circuit · 1894
- Western Union Tel. Co. v. BakerCourt of Appeals for the Ninth Circuit · 1898
- Berwind-White Coal Mining Co. v. FirmentCourt of Appeals for the Second Circuit · 1909
3Cited by7 opinions
- Central R. Co. of New Jersey v. SharkeyCourt of Appeals for the Second Circuit · 1919
- Star Co. v. MaddenCourt of Appeals for the Second Circuit · 1911
- Bidwell v. George B. Douglas Trading Co.Court of Appeals for the Second Circuit · 1910
- Colorado Midland Railway Co. v. EdwardsColorado Court of Appeals · 1913
- Lehigh Valley Coal Co. v. CalauskyCourt of Appeals for the Second Circuit · 1915
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