Dalton v. Gunnison
Court of Appeals for the Ninth Circuit
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The general rule is well established that, when judgment has been rendered and the term expires, a bill of exceptions cannot be allowed, signed, and filed as of the date of the trial, in the absence of the consent of the parties or of a previous order of the court reserving the power to do so, unless there are extraordinary circumstances which are sufficient to except the case from the rule.
In United States v. Breitling, 20 How. 252, 15 L.Ed. 900, the bill of exceptions was presented by the attorney for the United States during the term. Before the term…
2Cases cited10 opinions
- United States v. BreitlingSupreme Court of the United States · 1858
- The Chateaugay Ore & Iron Co.Supreme Court of the United States · 1888
- Mueller v. EhlersSupreme Court of the United States · 1876
- Davis v. PatrickSupreme Court of the United States · 1887
- Morse v. AndersonSupreme Court of the United States · 1893
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3Cited by6 opinions
- Dalton v. HazeletCourt of Appeals for the Ninth Circuit · 1910
- Cudahy Packing Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1928
- Marion Steam Shovel Co. v. ReevesCourt of Appeals for the Eighth Circuit · 1935
- Buckley v. VerhonicCourt of Appeals for the Ninth Circuit · 1936
- United States ex rel. Fehsenfeld v. WaddillCourt of Appeals for the Fourth Circuit · 1923
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