Hendryx v. Perkins
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Massachusetts. The following is the opinion of the court below: COLT, Circuit Judge (orally). In this case I thought it would be better to send for counsel and state to them certain conclusions which I have reached, rather than to file a written opinion in the first instance.
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Appeal from the Circuit Court of the United States for the District of Massachusetts. The following is the opinion of the court below: COLT, Circuit Judge (orally). In this case I thought it would be better to send for counsel and state to them certain conclusions which I have reached, rather than to file a written opinion in the first instance. This suit was brought in the slate court December 8, 1883. It is a suit upon a license contract dated October 4, 1878. Under the license the fees were paid to January 1, 1883. The complainant seeks an account from that date. The subject-matter of the…
1DissentAldrich, District Judge
I am under a strong- conviction that the decree of the circuit court vacating its own earlier decree upon the ground of mistake should be affirmed, and the gravity of the question and the importance of the principle involved require that the reasons for my dissent should be stated at considerable length. The question is whether a party shall lose his right of trial and his day in court upon the merits through a mistake of the court in considering and dismissing his bill upon a paper not submitted, and one upon which the party has never been heard either as to its form or substance. I can…
2Cases cited37 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Holden v. HardySupreme Court of the United States · 1898
- Hovey v. ElliottSupreme Court of the United States · 1897
- The PalmyraSupreme Court of the United States · 1827
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