Harper Bros. v. Klaw
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. ' Suit by Harper Bros, and Henry I,. Wallace against Marc Klaw and Abraham Erlanger. From a décree for defendants, plaintiffs appeal. On motion to resettle an order denying a motion for leave to fxle a bill of review, or to apply to the District Court for such leave.
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Appeal from the District Court of the United States for the Southern District of New York. ' Suit by Harper Bros, and Henry I,. Wallace against Marc Klaw and Abraham Erlanger. From a décree for defendants, plaintiffs appeal. On motion to resettle an order denying a motion for leave to fxle a bill of review, or to apply to the District Court for such leave. The following is the order of January 5, 1921, referred to in the opinion: A motion having been made herein by counsel for the appellant, for leave to move in the District Court to file a hill of review, upon consideration thereof it is…
1Per curiam
The motion resulting in the order sought to be resettled had two parts: (1) That plaintiffs have leave to file in the District Court a bill of review; or (2) that plaintiffs have leave to apply to the District Court for leave there to file such bill of review.
The arguments made on this motion to resettle lead us to state the reasons for the order of January 5th, and we do this to aid the District Court in any further proceeding that may be had herein.
[1,2] The first branch of the motion was denied, because it is not the concern of this court whether a bill of review be filed or not; it cannot…
2Cited by12 opinions
- Smith v. PollinCourt of Appeals for the D.C. Circuit · 1952
- Austin Joseph Ryan v. United States Lines CompanyCourt of Appeals for the Second Circuit · 1962
- Kealoha ex rel. Arruda v. TanakaHawaii Supreme Court · 1958
- Star Publishing Co. v. MartinSuperior Court of Delaware · 1953
- Freedman v. Overseas Scientific Corp.District Court, S.D. New York · 1956
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