Hickman v. Fort Scott
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The court stated the case as follows: Hickman brought suit, July 1, 1880, in the Circuit Court of the United States for the District of Kansas, against the city of Fort Scott, a municipal corporation of that State, to recover the amount of twenty-seven bonds of $500 each, issued by that city. The action was tried by the court without a jury.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The court stated the case as follows: Hickman brought suit, July 1, 1880, in the Circuit Court of the United States for the District of Kansas, against the city of Fort Scott, a municipal corporation of that State, to recover the amount of twenty-seven bonds of $500 each, issued by that city. The action was tried by the court without a jury. One of the issues was whether the suit was barred by the Kansas statute of limitations, declaring that an action on an agreement, contract or promise in writing could be brought…
1Opinion of the CourtJustice Harlan
In the original action upon the bonds held by Hickman, a jury having been waived by written stipulation of the parties, the Circuit Court proceeded to final judgment upon a special finding of facts. The judgment was the one the court intended to enter, and the facts found were those only which the court intended to find. There, is here no clerical mistake. Nothing was omitted from the record of the original action which the court intended to make a matter of record. The case, therefore, does not come within the rule, that a court, after the expiration of the term, may, by an. order nunc pro…
2Cases cited6 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Craig v. LeslieSupreme Court of the United States · 1818
- Phillips v. NegleySupreme Court of the United States · 1886
- In Re WightSupreme Court of the United States · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- United States v. MayerSupreme Court of the United States · 1914
- Gaines v. RuggSupreme Court of the United States · 1893
- Wetmore v. KarrickSupreme Court of the United States · 1907
- Kingman v. Western Manufacturing Co.Supreme Court of the United States · 1898
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