Legal Opinion

Stewart v. Morris

Court of Appeals for the Seventh Circuit

Decided October 3, 1898No. 476PublishedCited by 7 opinions

On petition for rehearing. Overruled.

1Opinion of the Court

WOODS, Circuit Judge.

A rehearing is asked on the grounds that this court was wrong in holding that by the decisions of the supreme court of Illinois the memorandum read in evidence at the tidal was inadmissible, and in holding that the national courts sitting in a state will be governed by the rules of evidence established by the courts of that state.

On the first proposition it is said that the sentences quoted from the opinion in Railroad Co. v. Adler, 56 Ill. 344, “do not convey the full import of the decision,” and, to be rightly interpreted, must be read in connection with the sentence…

2Cases cited16 opinions

  1. Burgess v. SeligmanSupreme Court of the United States · 1883
  2. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  3. Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
  4. Findlay v. McAllisterSupreme Court of the United States · 1885
  5. Chicago & Alton Railroad v. AdlerIllinois Supreme Court · 1870

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3Cited by7 opinions

  1. Massachusetts Bonding & Ins. Co. v. Norwich Pharmacal Co.Court of Appeals for the Second Circuit · 1927
  2. Chicago & N. W. Ry. Co. v. KendallCourt of Appeals for the Eighth Circuit · 1909
  3. De Soto Motor Corporation v. StewartCourt of Appeals for the Tenth Circuit · 1932
  4. Franklin Sugar Refining Co. v. Luray Supply Co.Court of Appeals for the Fourth Circuit · 1925
  5. Fisher Flouring Mills Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1927

2 more not listed; retrieve them via the Exa API.

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