Walter Baker & Co. v. Gray
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. Bill by Walter Baker & Co., Limited, against Sydney C. Gray and another, partners as the Gray Mercantile Company. Decree dismissing the bill, and complainant appeals.
1ConcurrenceSmith, Circuit Judge
(specially concurring). I cannot wholly concur in the foregoing opinion. Rule 11 of this court1 provides that the appellant shall file with the clerk of the court below an assignment of errors which shall set out separately. and particularly each error asserted and intended to be urged, and errors not assigned according to this rule will be disregarded, but the court at its option may notice a plain error not assigned. Of course, the last clause is wholly immaterial here as the majority hold there was not only no plain error, but no substantial error. The only assignment of error in this case…
2Cases cited12 opinions
- City of Lincoln v. Sun Vapor Street-Light Co.Court of Appeals for the Eighth Circuit · 1894
- Doe v. Waterloo Min. Co.Court of Appeals for the Ninth Circuit · 1895
- Smith v. HopkinsCourt of Appeals for the Seventh Circuit · 1902
- Oswego Township v. Travelers' Ins.Court of Appeals for the Eighth Circuit · 1895
- United States v. FergusonCourt of Appeals for the Second Circuit · 1897
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