Davis v. Patrick
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This was an action at law brought in a court of the state of Nebraska, on the 24th of November, 1880, and removed, on the petition of the defendant, into the Circuit Court Of the United States for the District of Nebraska, by Algernon S. Patrick against Erwin Davis, to recover certain sums of money. There were two causes of action set forth in the petition by which the suit was commenced.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This was an action at law brought in a court of the state of Nebraska, on the 24th of November, 1880, and removed, on the petition of the defendant, into the Circuit Court Of the United States for the District of Nebraska, by Algernon S. Patrick against Erwin Davis, to recover certain sums of money. There were two causes of action set forth in the petition by which the suit was commenced. Under the first one the plaintiff claimed to’ recover $2677.90, with interest from September 3, 1877, and $8806.92, with interest…
1Opinion of the CourtJustice Blatchford
The first point taken is, that, as the bill of exceptions was signed after the beginning of the term of this court at which the Writ of error was made returnable, and during a term of the- Circuit Court succeeding that at which the case was tried, it cannot be considered. But we are of opinion that this objection cannot avail. The stipulation of September 14, 1883, shows, on its face, that the matter of the settlement of the bill of exceptions had been submitted to the judge, and that the delay was agreed to for the convenience of .the judge. The purport of the stipulation is, that the bill…
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