Legal Opinion

Mueller v. Ehlers

Supreme Court of the United States

Decided January 10, 1876No. 97PublishedCited by 82 opinions

Error to the Circuit Court of the United States for the Eastern District of Wisconsin. The parties to this suit, by stipulation in writing filed with the clerk, waived a jury, .and submitted to a trial by the court, which was had at the October Term, A. D. 1872, when the case was taken under advisement. At the next term, and on the 28th April, 1873, the court found generally for the plaintiff: whereupon defendants moved for a new trial.

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Error to the Circuit Court of the United States for the Eastern District of Wisconsin. The parties to this suit, by stipulation in writing filed with the clerk, waived a jury, .and submitted to a trial by the court, which was had at the October Term, A. D. 1872, when the case was taken under advisement. At the next term, and on the 28th April, 1873, the court found generally for the plaintiff: whereupon defendants moved for a new trial. This motion was continued until the next term; when, on.the 15th July, it was overruled, and judgment entered on the finding. On the 25th July, 1873, this…

1Opinion of the Court

Mr. Chiee Justice Waite

del vered the opinion of the court.

It perhaps sufficiently appears from the bill of exceptions in this case, if it is to be taken as a part of the record, that the rulings complained of were excepted to in proper form at the time of the trial; but it does not appear that the bill of exceptions was filed, signed, tendered for signature, or even prepared, before the adjournment of the court for the term at which the judgment was rendered. No notice was given to the plaintiff of any intention on the part of the defendants to ask for the allowance of a bill of exceptions,…

2Cases cited4 opinions

  1. United States v. BreitlingSupreme Court of the United States · 1858
  2. Walton v. United StatesSupreme Court of the United States · 1824
  3. Flanders v. TweedSupreme Court of the United States · 1870
  4. Laber v. CooperSupreme Court of the United States · 1869

3Cited by82 opinions

  1. Insurance Co. v. BoonSupreme Court of the United States · 1877
  2. Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892
  3. The Chateaugay Ore & Iron Co.Supreme Court of the United States · 1888
  4. Hume v. BowieSupreme Court of the United States · 1893
  5. Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915

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