Legal Opinion

Randolph v. Allen

Court of Appeals for the Fifth Circuit

Decided February 24, 1896No. 205PublishedCited by 21 opinions

Appeal from the Circuit Court of the United States for the Northern District of Texas. This is an appeal from a decree, rendered July 8, 1893, by the circuit court for the Northern district of Texas, overruling exceptions to the report of a master, and dismissing the hill of complaint.

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Appeal from the Circuit Court of the United States for the Northern District of Texas. This is an appeal from a decree, rendered July 8, 1893, by the circuit court for the Northern district of Texas, overruling exceptions to the report of a master, and dismissing the hill of complaint. The defendants named in the hill are Heard, Allen & Floore, bankers, of Cleburne, Johnson county, Tex.; S. B. Allen and John W. Floore, members of said firm, sued individually; S. E. Moss, sued as claiming to be the purchaser of Allen’s interest in the firm of Heard, Allen & Floore, and in the lands mentioned…

1Opinion of the CourtWhite, Circuit Justice

The paper referred to in the report of the master, and filed with his report, styled “copy of the order of introduction of the testimony and the oral evidence introduced at the hearing,” was,in effect,a certificate by the master of what was the evidence introduced before Mm, and was so treated by the trial court. We do not regard the objection of counsel to the right of this court to review the findings, because of the want of a* proper certificate, as well taken, and we shall therefore consider the case upon the merits.

While assignments of error are required as well in cases brought into a…

2Cases cited23 opinions

  1. Root v. Railway Co.Supreme Court of the United States · 1882
  2. Whitehead v. ShattuckSupreme Court of the United States · 1891
  3. Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
  4. Buzard v. HoustonSupreme Court of the United States · 1886
  5. Hipp v. BabinSupreme Court of the United States · 1857

18 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
  2. Thornton v. GoodmanTexas Supreme Court · 1919
  3. Kapiloff v. Abington Plaza Corp.District of Columbia Court of Appeals · 1948
  4. Pankey v. OrtizNew Mexico Supreme Court · 1921
  5. Graham & Locke Investments, Inc. v. MadisonCourt of Appeals of Texas · 1956

16 more not listed; retrieve them via the Exa API.

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