Appleton v. Smith
United States Circuit Court
This was an action at law commenced by attachment. A motion was made before Mr. Justice MILLER, holding the term, to vacate and dissolve an attachment levied on the goods of the defendant
1Opinion of the Court
MILLER, Circuit Justice.
This motion is made upon the ground that the writ was wrongfully issued. Upon looking into the record of the case, I find that the same motion, based upon the same legal proposition, was made at the last term of the court, and was overruled by the district judge, who at that time held the court.
I have repeatedly decided in this circuit, since I was first assigned to it, that I would not sit in review of the judgments and orders of the court, made by the district judges in my absence.
Where, as in the present case, the motion is made on the same grounds, and with no new…
2Cited by7 opinions
- Commercial Union of America, Inc. v. Anglo-South American Bank, Ltd.Court of Appeals for the Second Circuit · 1925
- Shreve v. CheesmanCourt of Appeals for the Eighth Circuit · 1895
- Hardy v. North Butte Mining Co.Court of Appeals for the Ninth Circuit · 1927
- Reynolds v. Iron Silver Min. Co.U.S. Circuit Court for the District of Colorado · 1888
- In Re Estate of BrizzolariOregon Supreme Court · 1928
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