Ward v. Sherman
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. The facts in this case are few and beyond dispute, most of them being shown by the averments in the answer of the defendant Sherman. On August 23, 1889, Ward, the plaintiff . and appellant, sold to the defendants the Sunflower range, together with the cattle thereon and other personal property.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. The facts in this case are few and beyond dispute, most of them being shown by the averments in the answer of the defendant Sherman. On August 23, 1889, Ward, the plaintiff . and appellant, sold to the defendants the Sunflower range, together with the cattle thereon and other personal property. A conveyance was by agreement made to the defendant Hardenberg, who, to secure a part of the purchase price, to wit, $25,000, evidenced by two notes of $12,500 each, made by Hardenberg and guaranteed by Sherman, executed a mortgage of the…
1Opinion of the CourtJustice Brewer
The Supreme Court of the Territory, without considering the merits of the. case, affirmed the judgment on the ground that the assignment' of errors was insufficient,' citing in its opinion from a rule of- practice which had been prescribed by it and in force for many .years: “All assignments of errors must distinctly specify each ground of error relied upon, and the particular ruling complained of. . . . An objection to the ruling or action of-the court below will'be deemed waived here, unless it has been assigned as error, in the manner above provided.” Undoubtedly the assignment of errors…
2Cases cited4 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Galliher v. CadwellSupreme Court of the United States · 1892
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
- McLean v. ClappSupreme Court of the United States · 1891
3Cited by23 opinions
- Ford v. HuffCourt of Appeals for the Fifth Circuit · 1924
- Stevens v. Grand Central Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Davis v. Louisville Trust Co.Court of Appeals for the Sixth Circuit · 1910
- Johansen v. LooneyIdaho Supreme Court · 1918
- Thorpe v. Wm. Filene's Sons Co.District Court, D. Massachusetts · 1930
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