Legal Opinion

Vider v. O'Brien

Court of Appeals for the Seventh Circuit

Decided May 31, 1894No. 124PublishedCited by 10 opinions

In Error to the Circuit Court of the United States for the Uorthem District of Illinois. This was an action of assumpsit by M. W. O’Brien, trustee, against Olof Yider, William Kinsela, Michael J. Labounty, Charles Netter-strom, and Hugh Naughton. At the trial, the jury found for plaintiff. Judgment for plaintiff was entered on the verdict. Defendants brought error.

1Opinion of the Court

WOODS, Circuit Judge.

The plaintiffs in error were the defendants below. The bill of exceptions shows that, at the conclusion of the court’s charge to the jury, “the defendants then and There duly excepted to said charge in its entirety, and to the following portions thereof;” and there follows a series of 10 or more propositions, embracing substantially all of the charge except' the statement of the case. That such an exception is not available, if any one of the portions excepted to is good, is settled by numerous decisions, as well as by rule 10 of this court (1 C. C. A. xiv., 47 Fed. vi.),…

2Cases cited4 opinions

  1. Beaver v. TaylorSupreme Court of the United States · 1876
  2. Block v. DarlingSupreme Court of the United States · 1891
  3. Worthington v. MasonSupreme Court of the United States · 1880
  4. Cleveland, C., C. & St. L. Ry. Co. v. ZiderCourt of Appeals for the Seventh Circuit · 1894

3Cited by10 opinions

  1. Atlas Nat. Bank v. HolmCourt of Appeals for the Seventh Circuit · 1896
  2. Atchison, T. & S. F. R. v. MulliganCourt of Appeals for the Seventh Circuit · 1895
  3. Columbus Safe-Deposit Co. v. BurkeCourt of Appeals for the Seventh Circuit · 1898
  4. North Chicago St. R. v. St. JohnCourt of Appeals for the Seventh Circuit · 1898
  5. South Penn Oil Co. v. LatshawCourt of Appeals for the Fourth Circuit · 1901

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