James B. Lambie Co. v. Bigelow
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe complainants from a decree of tbe Supreme Court of the District of Columbia dismissing a bill in equity to enforce mechanics’ liens.
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Hearing on an appeal by tbe complainants from a decree of tbe Supreme Court of the District of Columbia dismissing a bill in equity to enforce mechanics’ liens. The Court in the opinion stated the facts as follows: ■ This is an appeal from a decree of. the supreme court of the District holding that appellants J ames B. Lambie Co., T. Edward Clark, C. A. Schneider’s Sons, Bealor & Schmid,.' and Warren Brothers, are not entitled to enforce the .several mechanics’ liens claimed by them, and dismissing the bill. . On July 9th, 1904, Albert S. Bigelow, one of the appellees, entered into a contract…
1Opinion of the CourtJustice Robb
In the first assignment of error appellants object to the consideration by the trial court of the testimony “of Stephen A. Galloway and of Albert S. Bigelow, because their testimony was given ex parte without notice,—save to counsel for C. A. Schneider’s Sons, who was unavoidably absent,—and without opportunity to cross-examine, and further because it was irregularly and improperly taken under the guise of surrebuttal testimony, when in reality it was nothing short of a continuation of appellees’ direct defense evidence.”
The record shows that due notice was given to counsel then representing…
2Cases cited3 opinions
- Lauer v. . DunnNew York Court of Appeals · 1889
- Southern Express Co. v. DicksonSupreme Court of the United States · 1877
- Tommasi v. ArchibaldAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- McNair Builders, Inc. v. 1629 16th Street, L.L.C.District of Columbia Court of Appeals · 2009
- Moore v. AxelrodDistrict of Columbia Court of Appeals · 1982
- F. T. Merrill v. B. R. Acker Co.Court of Appeals for the D.C. Circuit · 1944