Legal Opinion

Rucker v. Bolles

Court of Appeals for the Eighth Circuit

Decided April 19, 1897No. 790PublishedCited by 15 opinions

In Error to the Circuit Court of the United States for the District of Colorado. This suit was brought by Richard J. Bolles, the defendant in error, against Atterson W. Rucker, the plaintiff in error, in the circuit court of the United States for the district of Colorado, the action being founded upon the following contract, to wit: “This agreement, made this 16th day of April, A. D. 1892, by and between A. W. Rucker, of the county of Arapahoe, and state of Colorado, party…

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In Error to the Circuit Court of the United States for the District of Colorado. This suit was brought by Richard J. Bolles, the defendant in error, against Atterson W. Rucker, the plaintiff in error, in the circuit court of the United States for the district of Colorado, the action being founded upon the following contract, to wit: “This agreement, made this 16th day of April, A. D. 1892, by and between A. W. Rucker, of the county of Arapahoe, and state of Colorado, party of the first part, and Richard J. Bolles, of the city of New York and state of New York, party of the second part,…

1Opinion of the CourtThayer, Circuit Judge

The first question to be considered is whether any error was committed on the trial of the plea in abatement relative to the citizenship of the plaintiff, Bolles. In this behalf it is assigned for error that the trial court permitted the plaintiff to testify, in response to a direct question, that he was a citizen of New York up to April or May, 1894, and that it also permitted two other witnesses to testify that he was a citizen of New York prior to the spring of the year 1894. With respect to this assignment, it is only necessary to say that, in our opinion, no material error was committed…

2Cases cited5 opinions

  1. Violett v. PattonSupreme Court of the United States · 1809
  2. Clark v. SigourneySupreme Court of Connecticut · 1846
  3. Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
  4. West Plains TP. v. SageCourt of Appeals for the Eighth Circuit · 1895
  5. Dyer v. McPheeSupreme Court of Colorado · 1882

3Cited by15 opinions

  1. Kassner v. Alexander Drug Co.Supreme Court of Oklahoma · 1943
  2. Croop v. WaltonIndiana Supreme Court · 1927
  3. Harding v. Standard Oil Co.U.S. Circuit Court for the Northern District of Illnois · 1910
  4. Townsend v. Bucyrus-Erie Co.Court of Appeals for the Tenth Circuit · 1944
  5. Colley v. Chowchilla National BankCalifornia Supreme Court · 1927

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