Legal Opinion

Western Dredging & Improvement Co. v. Heldmaier

Court of Appeals for the Seventh Circuit

Decided May 6, 1902No. 808PublishedCited by 13 opinions

In error to the Circuit Court of the United "States for the Northern District of Illinois. On Motion for Leave to Refile Bill of Exceptions. This cause was tried February 8, 1901, before the district judge of the United‘States for the Eastern district of Wisconsin, presiding by assignment in the circuit court of the United States for the Northern district of Illinois, and to a jury, resulting in a verdict for the defendant by direction of the court.

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In error to the Circuit Court of the United "States for the Northern District of Illinois. On Motion for Leave to Refile Bill of Exceptions. This cause was tried February 8, 1901, before the district judge of the United‘States for the Eastern district of Wisconsin, presiding by assignment in the circuit court of the United States for the Northern district of Illinois, and to a jury, resulting in a verdict for the defendant by direction of the court. On the same day, a motion for a new trial being overruled, judgment was entered in favor of the defendant, and the plaintiff was allowed sixty…

1Opinion of the CourtJenkins, Circuit Judge

The common-law rule that after the term at which a judgment is rendered the court is without authority to do any act which would impair the conclusiveness, affect the finality, or impeach the validity of the judgment probably had its origin in the fact that in England the judge was commissioned by the crown to hold a particular term of court, and with the adjournment of the term the commission expired, and the judge was without further authority to act with respect to matters occurring at that term. If that were the only reason for the rule, it could have no standing in this country, where…

2Cases cited10 opinions

  1. Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892
  2. In Re WightSupreme Court of the United States · 1890
  3. United States v. BreitlingSupreme Court of the United States · 1858
  4. The Chateaugay Ore & Iron Co.Supreme Court of the United States · 1888
  5. Hume v. BowieSupreme Court of the United States · 1893

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. People v. RosenwaldIllinois Supreme Court · 1915
  2. Cudahy Packing Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1928
  3. Vance v. ChapmanCourt of Appeals for the Eighth Circuit · 1928
  4. Dalton v. GunnisonCourt of Appeals for the Ninth Circuit · 1908
  5. Franklin County v. FurryCourt of Appeals for the Seventh Circuit · 1906

8 more not listed; retrieve them via the Exa API.

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