Montgomery v. Erie R.

BIGGS, Circuit Judge.

Heretofore we filed an opinion in this case stating that since no bill of exceptions had beefi filed by the appellant, Esther Montgomery (Siverson), under the established practice of the Federal Courts we must refrain from passing upon the merits of the controversy at bar. Thereafter a petition for rehearing was filed by the appellants and a rehearing granted. The argument upon rehearing was directed solely to the power of this court to pass upon the merits of the controversy involved despite the absence- of the bill of exceptions.

It is the contention of Esther Montgomery…