United States v. Gentry
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Colorado. This is the second appearance of this case in this court. The judgment on the first trial was reversed, because in an action for the recovery of damages for the conversion of timber a verdict and judgment for the recovery of lumber and logs were rendered without any pleading of such a cause of action, or any prayer for such relief.
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In Error to the District Court of the United States for the District of Colorado. This is the second appearance of this case in this court. The judgment on the first trial was reversed, because in an action for the recovery of damages for the conversion of timber a verdict and judgment for the recovery of lumber and logs were rendered without any pleading of such a cause of action, or any prayer for such relief. Before the second trial was had, the complaint in conversion was superseded by an amended complaint, which set forth a cause of action in replevin, and prayed for the recovery of…
1Opinion of the CourtSanborn, Circuit Judge
The- chief complaint of the government concerning the trial of this case is that the defendant was permitted to introduce certain evidence tending to show an alleged compliance on his part with the act of June 3, 1878 [U. S. Comp. St. 1901, p. 1528], and that the jury was instructed that, if they believed from this evidence that the defendant *72had substantially complied with that act and with the rules adopted by the secretary of the interior thereunder, he would be entitled to their verdict. The act of June. 3, 1878, provides that any bona fide resident of the state of Colorado may fell and…
2Cases cited17 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- Deery v. CraySupreme Court of the United States · 1867
- Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
- Washer v. Bullitt CountySupreme Court of the United States · 1884
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3Cited by15 opinions
- Union Pac. R. Co. v. FieldCourt of Appeals for the Eighth Circuit · 1905
- Bank of Havelock v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1905
- National Biscuit Co. v. NolanCourt of Appeals for the Eighth Circuit · 1905
- Wulfsohn v. Russo-Asiatic BankCourt of Appeals for the Ninth Circuit · 1926
- Lyons v. BerlauSupreme Court of Kansas · 1903
10 more not listed; retrieve them via the Exa API.