Legal Opinion
Whalen v. Sheridan
U.S. Circuit Court for the District of Southern New York
Decided October 5, 1880PublishedCited by 2 opinions
Motion for leave to file and serve a bill of exceptions nunc pro tunc.
1Opinion of the Court
Choate, D. J.
The plaintiff has been allowed to renew his motion (5 Fed. Bed. 436) to file and serve a bill of exceptions, upon further, affidavits; but I am unable to find that the additional facts now stated make out a case of extraordinary circumstances, such as is required under the authority of Muller v. Ehlers, 91 U. S. 249, for the exercise of the power of granting the relief asked. Those facts are that after the trial of the cause the plaintiff, being unable to pay to his attorney the fees that were due to him, and which he demanded, the attorney refused to act further for him,…
2Cases cited3 opinions
- Hayward v. National BankSupreme Court of the United States · 1878
- Mueller v. EhlersSupreme Court of the United States · 1876
- Clark v. HancockSupreme Court of the United States · 1877
3Cited by2 opinions
- Allison v. Cocke's ExrsCourt of Appeals of Kentucky · 1901
- Gillum v. StewartU.S. Circuit Court for the District of Texas · 1901