Roberts v. Criss
Court of Appeals for the Second Circuit
In Error lo the District Court of the United States for the Southern District of New York. Action by Jesse Ncvin Roberts and another against Hugh Ferguson Criss. Judgment for defendant, and plaintiffs bring error. Pending appeal, defendant below died, and Helen G. Criss, administratrix, appeared on order. The plaintiffs are citizens of the state of Ohio and residents of the city of Cincinnati, in that state.
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In Error lo the District Court of the United States for the Southern District of New York. Action by Jesse Ncvin Roberts and another against Hugh Ferguson Criss. Judgment for defendant, and plaintiffs bring error. Pending appeal, defendant below died, and Helen G. Criss, administratrix, appeared on order. The plaintiffs are citizens of the state of Ohio and residents of the city of Cincinnati, in that state. The defendant is a citizen of the state of New York and a resident of the Southern district therein. The complaint avers: That on .January 3, 1905, the plaintiffs and the defendant,…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). Before considering this case on the merits, there is a preliminary matter to *298which reference must be made. A brief has been presented to the court which is entitled “Brief Submitted by Administratrix of Defendant in Error.’,’ It is signed by counsel, who describes himself as “Attorney for Administratrix of Defendant in Error.” The brief contains this statement:
“Tlie defendant died on January 25, 1919; this brief is submitted by his administratrix appointed in New Jersey.”
[1] Counsel who presented this brief was heard upon the argument. There is, however,…
2Cases cited7 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Armstrong v. TolerSupreme Court of the United States · 1826
- Bell v. BellSupreme Court of the United States · 1901
- Green v. WatkinsSupreme Court of the United States · 1821
- Dent v. FergusonSupreme Court of the United States · 1889
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3Cited by21 opinions
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- Clifton v. TombCourt of Appeals for the Fourth Circuit · 1927
- Beit v. BeitSupreme Court of Connecticut · 1948
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