Legal Opinion
Koewing v. Wilder
Court of Appeals for the Second Circuit
Decided November 24, 1903No. 122PublishedCited by 5 opinions
In Error to the Circuit Court of the United States for the Southern District of New York. This is a motion to dismiss a writ of error, and affirm the judgment of the Circuit Court, Southern District of New York, on the ground that the bill of exceptions was not presented, allowed, signed,, or filed within the term at which the judgment was entered.
1Per curiam
The action was brought to recover damages for a breach of contract, and was tried before a jury on January 12, 1903. At the close of the plaintiff’s case, upon motion of the defendant’s counsel, the court made the following announcement:
“The case is within the spirit of the statute [of frauds], and, I think, within its letter. Plaintiff’s Counsel: Your honor makes that ruling? The Court: I think, upon the evidence as it appears, the statute of frauds is applicable to the case. Therefore I will direct a verdict for the defendant, and give you such time as you want to prepare a bill of…
2Cases cited5 opinions
- Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892
- The Chateaugay Ore & Iron Co.Supreme Court of the United States · 1888
- Mueller v. EhlersSupreme Court of the United States · 1876
- Morse v. AndersonSupreme Court of the United States · 1893
- Talbot v. Press Pub. Co.U.S. Circuit Court for the District of Southern New York · 1897
3Cited by5 opinions
- Blisse v. United StatesCourt of Appeals for the Second Circuit · 1920
- Roberts v. BennettCourt of Appeals for the Second Circuit · 1904
- Glickstein v. United StatesCourt of Appeals for the Second Circuit · 1914
- Susquehanna Coal Co. v. Casualty Co. of AmericaDistrict Court, S.D. New York · 1917
- Chapin v. IrwinDistrict Court, W.D. New York · 1922