Michigan Home Colony Co. v. Tabor
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. The Michigan Home Colony Company, the plaintiff in error, brought this suit in the Circuit Court of the Eastern Division of the Northern District of Iowa against George W. Tabor, the defendant in error, to recover the agreed price of a tract of land situated in the state of Michigan, which plaintiff avers the defendant agreed to purchase from it.
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In Error to the Circuit Court of the United States for the Northern District of Iowa. The Michigan Home Colony Company, the plaintiff in error, brought this suit in the Circuit Court of the Eastern Division of the Northern District of Iowa against George W. Tabor, the defendant in error, to recover the agreed price of a tract of land situated in the state of Michigan, which plaintiff avers the defendant agreed to purchase from it. The defense was that the obligation to pay the purchase price depended upon plaintiff giving to defendant a good and sufficient deed conveying title to him in fee…
1Opinion of the CourtAdams, Circuit Judge
There are 78 assignments of error in this case, but, in our opinion, very few questions presented on the record for consideration. The practice of filing such a large number of assignments cannot be approved. It thwarts the purpose sought to be subserved by the rule requiring any assignments. It points to nothing. It leaves opposing counsel and the court as much in the dark concerning what is relied on for error as if no assignments were filed.
Mr. Justice Miller, in Phillip's, etc., Const. Co. v. Seymour, 91 U. S. 646, 648, 23 L. Fd. 341, says :
“The object of the rule requiring an assignment…
2Cases cited21 opinions
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Beuttell v. MagoneSupreme Court of the United States · 1895
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Chicago Great Western Ry. Co. v. McDonoughCourt of Appeals for the Eighth Circuit · 1908
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
- Parker v. PlymptonSupreme Court of Colorado · 1928
- Goodrich v. Union Oil Co.Supreme Court of Colorado · 1928
- Reliance Realty Co. v. MitchellCourt of Appeals of Georgia · 1930
12 more not listed; retrieve them via the Exa API.