Smith v. Weeks
Court of Appeals for the First Circuit
In Error to tbe Circuit Court of tbe United States for tbe District of Massachusetts. ' At Law. Action brought in tbe superior court of Suffolk county, Mass., by Sidney Smith against Henry De Forrest Weeks, as executor of tbe will of Joseph C. Delano, to recover tbe value of certain shares of stock in tbe Boston Soapstone Furnace Company. Tbe declaration also contained counts for salary alleged to be due plaintiff, and for a certain sum as profits in tbe business.
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In Error to tbe Circuit Court of tbe United States for tbe District of Massachusetts. ' At Law. Action brought in tbe superior court of Suffolk county, Mass., by Sidney Smith against Henry De Forrest Weeks, as executor of tbe will of Joseph C. Delano, to recover tbe value of certain shares of stock in tbe Boston Soapstone Furnace Company. Tbe declaration also contained counts for salary alleged to be due plaintiff, and for a certain sum as profits in tbe business. But these counts were waived, and plaintiff relied solely upon tbe first-mentioned cause of action. Tbe cause was removed by…
1Opinion of the Court
PUTNAM, Circuit Judge.
For all the purposes of this case it can be safely said that proceedings on error in the federal courts are governed by the common law, except as it is modified by Rev. St. §§ 649, 700. There are certain plain and well-settled methods of raising questions to he determined on error, around which the rules and practice of the federal courts have gathered, and to which they are adapted; so that the legal propositions involved may be raised sea.sonably and with precision at the trial, so also that at that time may be corrected all mere slips or other inadvertencies, and so…
2Cases cited8 opinions
- Bond v. DustinSupreme Court of the United States · 1884
- Supervisors v. KennicottSupreme Court of the United States · 1881
- Campbell v. BoyreauSupreme Court of the United States · 1859
- Flanders v. TweedSupreme Court of the United States · 1870
- Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re Gamewell Fire-Alarm Tel. Co.Court of Appeals for the First Circuit · 1896
- Marden v. Campbell Printing-Press & Manufacturing Co.Court of Appeals for the First Circuit · 1895
- Gregory v. PikeCourt of Appeals for the First Circuit · 1895
- Woodward v. Boston Lasting Mach. Co.Court of Appeals for the First Circuit · 1894
- Talent v. United StatesCourt of Appeals for the First Circuit · 1929
3 more not listed; retrieve them via the Exa API.