Files v. Brown
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. In Error to the Circuit Court of the United States for the Eastern District of Arkansas.
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. In Error to the Circuit Court of the United States for the Eastern District of Arkansas. On October 18, 1902, Edwin F. Brown, the receiver of the First National Bank of Little Rock, Ark., under the national banking act, filed his petition in the Circuit Court for the Eastern District of Arkansas, in which he prayed for an order of that court directing him to accept a bid of $25 made by A. W. Files, the appellant, for a judgment of $9,230.09 against J. G. Kelso, which was one of the assets of the bank, and…
1Opinion of the CourtSanborn, Circuit Judge
court.
The main questions in this case are: Did the facts set forth in the petition for avoidance of the order and for rescission of the sale entitle the appellee to that relief? And had the appellant the right to answer the petition after his demurrer to it was overruled ? There are, however, one or two preliminary issues, the disposition of which will serve to disclose the real character of the controversy before us, and to facilitate its discussion.
The appellant has taken an appeal, and has also sued out a writ of error to reverse the same order. This is a permissible practice where counsel…
2Cases cited21 opinions
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Graffam v. BurgessSupreme Court of the United States · 1886
- Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
- Howland v. BlakeSupreme Court of the United States · 1878
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
- Hatcher v. Hendrie & Bolthoff Mfg. & Supply Co.Court of Appeals for the Eighth Circuit · 1904
- Lookman v. LangCourt of Appeals for the Eighth Circuit · 1904
- Coulter v. BliedenCourt of Appeals for the Eighth Circuit · 1939
- Ogden v. Gilt Edge Consol. Mines Co.Court of Appeals for the Eighth Circuit · 1915
23 more not listed; retrieve them via the Exa API.