Woods v. Lindvall
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This is a motion to strike the bill of exceptions from the record for the alleged reason that it was not filed in time to become a part of the record. The case appears to have been tried at the January term, 1891, of the circuit court for the third division of the district of Minnesota. 44 Fed.
Read the full summary
In Error to the Circuit Court of the United States for the District of Minnesota. This is a motion to strike the bill of exceptions from the record for the alleged reason that it was not filed in time to become a part of the record. The case appears to have been tried at the January term, 1891, of the circuit court for the third division of the district of Minnesota. 44 Fed. Rep. 855. The verdict was returned on February 11, 1891, and on the same day judgment was entered on the verdict according to the usual practice in that district. On the following day, pursuant to section 987, Rev. St. U.…
1Opinion of the Court
Thayek, J.,
(after dating the facts as above.) We are all agreed that the motion to strike out the bill of exceptions should be overruled. It is true that in several cases cited by counsel for defendant in error, to-wit, Walton v. U. S., 9 Wheat. 651; Ex parte Bradstreet, 4 Pet. 102, *74and Muller v. Ehlers, 91 U. S. 249, — it was held in effect that, in. the absence of an order of court extending the time, a bill of exceptions covering- errors committed at the trial cannot bo allowed and filed (unless by consent of parties) after the term has expired at which the judgment was rendered. But in…
2Cases cited9 opinions
- Mueller v. EhlersSupreme Court of the United States · 1876
- Walton v. United StatesSupreme Court of the United States · 1824
- Brockett v. BrockettSupreme Court of the United States · 1844
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Ex Parte Martha Bradstreet in the Matter of James Jackson Ex Dem. Martha Bradstreet v. Daniel ThomasSupreme Court of the United States · 1830
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Manning v. German Ins.Court of Appeals for the Eighth Circuit · 1901
- Southern Pac. Co. v. JohnsonCourt of Appeals for the Ninth Circuit · 1895
- Missouri, K. & T. Ry. Co. v. RussellCourt of Appeals for the Eighth Circuit · 1894
- Tullis v. Lake Erie & W. R. Co.Court of Appeals for the Seventh Circuit · 1901
- United States v. CarrCourt of Appeals for the Eighth Circuit · 1894
6 more not listed; retrieve them via the Exa API.