Legal Opinion

Reilly v. Beekman

Court of Appeals for the Second Circuit

Decided March 12, 1928No. 201PublishedCited by 20 opinions

1Opinion of the CourtAugustus N. Hand, Circuit Judge

(after stating the facts as above).

It is true that the so-called transcript of record was filed within the extended term, but it was not a bill of exceptions. The certificate of the clerk, who could have no knowledge of the testimony taken at the trial, was confessedly based only on the stipulations of the parties, and not on the judge’s minutes as settled and allowed by Mm, which alone could be the record of the trial.

The minutes are no part of the record, until made so by the judge. Metropolitan R. R. Co. v. District of Columbia, 195 U. S. 322, 25 S. Ct. 28, 49 L. Ed. 219; Young v. Martin,…

2Cases cited13 opinions

  1. Clune v. United StatesSupreme Court of the United States · 1895
  2. Young v. MartinSupreme Court of the United States · 1869
  3. Metropolitan Railroad v. District of ColumbiaSupreme Court of the United States · 1904
  4. Lessor of Fisher v. CockerellSupreme Court of the United States · 1831
  5. Buessel v. United StatesCourt of Appeals for the Second Circuit · 1919

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3Cited by20 opinions

  1. Western Casualty & Surety Co. v. BeverfordenCourt of Appeals for the Eighth Circuit · 1937
  2. Lilly v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1951
  3. Moynier v. WelchCourt of Appeals for the Ninth Circuit · 1938
  4. United States v. DowningCourt of Appeals for the Second Circuit · 1931
  5. American Nat. Red Cross v. Raven Honey Dew MillsCourt of Appeals for the Eighth Circuit · 1934

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