Masonic Ben. Ass'n v. Lyman
Court of Appeals for the Seventh Circuit
Iu Error to the Circuit Court of the United States for the Southern District of Illinois: Assumpsit by Rachael S. Lyman against the Masonic Benevolent Association of Central Illinois. Plaintiff obtained judgment. Defendant brings error. This was an action by the defendant in error against the plaintiff in error upon a certificate of membership issued by the latter to Joseph Lyman, for the benefit of his wife, who is the defendant in error.
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Iu Error to the Circuit Court of the United States for the Southern District of Illinois: Assumpsit by Rachael S. Lyman against the Masonic Benevolent Association of Central Illinois. Plaintiff obtained judgment. Defendant brings error. This was an action by the defendant in error against the plaintiff in error upon a certificate of membership issued by the latter to Joseph Lyman, for the benefit of his wife, who is the defendant in error. Omitting the formal parts, the certificate is as follows: “This certificate of membership wit-nesseth, that the Masonic Benevolent Association of Central…
1Opinion of the CourtBaker, District Judge
The first assignment of error is that the court erred in ruling that the notice to produce record books and papers was admissible in evidence. This assignment presents no available error, because the bill of exceptions fails to show that the ruling was followed up by the introduction of the notice in evidence. This court will not indulge the presumption, because the court held the notice admissible, that the defendant in error read it in evidence to the jnry, since the record fails to show that such was the fact. Error, to be available, must be affirmatively shown by the record; and, in the…
2Cases cited8 opinions
- Lewis v. United StatesSupreme Court of the United States · 1892
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Cooper v. SchlesingerSupreme Court of the United States · 1884
- Chateaugay Ore & Iron Co. v. BlakeSupreme Court of the United States · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cleveland, C., C. & St. L. Ry. Co. v. TarttCourt of Appeals for the Seventh Circuit · 1894
- New Dunderberg Min. Co. v. OldCourt of Appeals for the Eighth Circuit · 1899
- Rhodes v. United StatesCourt of Appeals for the Eighth Circuit · 1897
- Hunt v. KileCourt of Appeals for the Seventh Circuit · 1899
- Hodge v. Chicago & A. Ry. Co.Court of Appeals for the Eighth Circuit · 1903
8 more not listed; retrieve them via the Exa API.