In re Federal Life Ins.
Court of Appeals for the Seventh Circuit
Application to the District Court of the United States for the District of Indiana. Application by the Federal Fife Insurance Company for an alternative writ of mandamus to com cel the settlement of a bill of exceptions. The real controversy herein arisen over the inability of counsel to agree upon what constitutes a presentation to the court of the bill of exceptions.
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Application to the District Court of the United States for the District of Indiana. Application by the Federal Fife Insurance Company for an alternative writ of mandamus to com cel the settlement of a bill of exceptions. The real controversy herein arisen over the inability of counsel to agree upon what constitutes a presentation to the court of the bill of exceptions. The action was tried in the lower court in May, 1917, and resulted in judgment for defendant in error, herein called plaintiff. On June 29th defendant presented its proposed bill of exceptions to opposing counsel, and on June…
1Opinion of the CourtEvan A. Evans, Circuit Judge
(after stating the facts as above). Was the bill of exceptions presented to the court on June 30th? IE so, was the defendant guilty of neglect after that date in failing to get *910its bill settled before November Sth? The answers to tírese two questions dispose of the petition before us.
[1] That there are authorities holding such transaction as occurred in the judge’s chambers on June 30th was not a presentation of the bill of exceptions must be conceded. They are not, however, persuasive, and seem to emphasize form rather than substance. The settlement of a bill of exceptions ordinarily…
2Cases cited3 opinions
- The Chateaugay Ore & Iron Co.Supreme Court of the United States · 1888
- ParkerSupreme Court of the United States · 1889
- Morehead v. AdamsNebraska Supreme Court · 1886
3Cited by1 opinion
- Rostello v. United StatesCourt of Appeals for the Seventh Circuit · 1929