Richmond Railway & Electric Co. v. Dick
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Virginia. Action by J. R. Dick & Co. against the Richmond Railway & Electric Company on certain promissory notes. Verdict and judgment for plaintiffs. New trial denied. Defendant brings error. Affirmed. Statement by Simonton, District Judge: The record discloses these facts: The defendant contracted to purchase two engines from the Phoenix Iron Works Company.
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In Error to the Circuit Court of the United States for the Eastern District of Virginia. Action by J. R. Dick & Co. against the Richmond Railway & Electric Company on certain promissory notes. Verdict and judgment for plaintiffs. New trial denied. Defendant brings error. Affirmed. Statement by Simonton, District Judge: The record discloses these facts: The defendant contracted to purchase two engines from the Phoenix Iron Works Company. The engines were to be delivered at Richmond, Va., to be paid for on arrival, one fourth in cash, remainder in notes. They were delivered at Richmond, the…
1Opinion of the Court
Simonton, District Judge.
A motion for continuance is addressed to the discretion of the court below. Its action thereon is not reversible here. Woods v. Young, 4 Cranch, 237; Sims v. Hundley, 6 How. 1. In Banks’ Edition of the Supreme Court Reports all the cases are quoted in a note to this case. The first exception is overruled.
Nor will this court entertain an exception because of the refusal of the court below to grant a new trial. This is wholly within its discretion. Parsons v. Bedford, 3 Pet. 433; Insurance Co. v. Folsom, 18 Wall. 237; Railroad Co. v. Fraloff, 100 U. S. 24; Cattle Co. v.…
2Cases cited13 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Murray v. LardnerSupreme Court of the United States · 1865
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Missouri, K. & T. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1900
- Doe v. Northwestern Coal & Transportation Co.U.S. Circuit Court for the District of Oregon · 1896
- Atlas Nat. Bank v. HolmCourt of Appeals for the Seventh Circuit · 1896
- Prichard v. BuddCourt of Appeals for the Fourth Circuit · 1896
- Virginia Beach Bus Line v. CampbellCourt of Appeals for the Fourth Circuit · 1934
5 more not listed; retrieve them via the Exa API.