Fitzsimmons v. United States
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Georgia. At Law. Action by the United States against Owen P. Fitzsim-mons and the sureties on his official bond as United States marshal. Verdict and judgment for plaintiff, and new trial denied. Defendants appeal.
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In Error to the Circuit Court of the United States for the Northern District of Georgia. At Law. Action by the United States against Owen P. Fitzsim-mons and the sureties on his official bond as United States marshal. Verdict and judgment for plaintiff, and new trial denied. Defendants appeal. Statement by PARDEE, Circuit Judge: The ease is fully stated in the following extract from the bill of exceptions falcon on the trial of the case: "Be it remembered that heretofore, in the circuit court of the United States for the northern district of Georgia, on the 12th day of May, 1830, before his…
1Opinion of the Court
PARDEE, Circuit Judge,
(after stating the facts.) The fourth, fifth, and sixth assignments of error relate to the opinions and rulings of the trial judge on the motion for a new trial, and are not subject to review. The first assignment of error, relating to a charge to the jury refused by the court; the second, relating to error in overruling an exception to the auditor’s report; and the third, assigning as error the action of the trial court in sustaining a demurrer to a plea, — all raise the same question, succinctly stated in the seventh assignment of error, as follows:
“The whole case was…
2Cited by3 opinions
- Powell v. United StatesU.S. Circuit Court for the District of Middle Alabama · 1894
- United States v. CenterCourt of Appeals for the Fifth Circuit · 1957
- United States of America, Appellant-Appellee v. David Center, Appellees-Appellants. David Center, Appellees-Appellants v. United States of America, Appellant-AppelleeCourt of Appeals for the Fifth Circuit · 1957