Reed v. Gardner
Supreme Court of the United States
Error to the Circuit Court for the Southern District of Georgia. Gardner sued Need in the court below. His declaration alleged that one Wilson had delivered to the defendant cotton, upon an agreement that .he, the defendant, would sell the same, and out of the proceeds pay to him, Gardner, tlje plaintiff, $4000, in which sum the said Wilson was indebted to Gardner; that, the property was.sold, that the net proceeds were $9000', by means whereof the defendant became liable to…
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Error to the Circuit Court for the Southern District of Georgia. Gardner sued Need in the court below. His declaration alleged that one Wilson had delivered to the defendant cotton, upon an agreement that .he, the defendant, would sell the same, and out of the proceeds pay to him, Gardner, tlje plaintiff, $4000, in which sum the said Wilson was indebted to Gardner; that, the property was.sold, that the net proceeds were $9000', by means whereof the defendant became liable to pay to the plaintiff the $4000, and- that he refused to pay the same. To this the defendant interposed a general denial…
1Opinion of the CourtJustice Hunt
It has been frequently held by this court, that in passing upon the questions presented in a bill of exceptions, it will not look beyond the bill itself. * The pleadings, and the statements of the bill, the verdict, and the judgment, are the only matters that are properly before the court. Depositions, exhibits, or certificates not contained in the bill, cannot be considered by the court. The case of Flanders v. Tweed, was exceptional. The court intend to adhere to this practice.
Under this rule there is then nothing whatever in the present case for the court to pass upon.
It is impossible upon…
2Cited by16 opinions
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Krauss Brothers Lumber Co. v. MellonSupreme Court of the United States · 1928
- United States v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1922
- Hornbuckle v. StaffordSupreme Court of the United States · 1884
- Saint Croix Lumber Co. v. PenningtonSupreme Court Of The Territory Of Dakota · 1881
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