Travelers' Protective Ass'n v. Gilbert
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. . The writ of error in this case is brought to review a judgment by default, which Mary J. Gilbert, the plaintiff below, the defendant in error here, recovered against the Travelers’ Protective Association, the plaintiff in error.
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. . The writ of error in this case is brought to review a judgment by default, which Mary J. Gilbert, the plaintiff below, the defendant in error here, recovered against the Travelers’ Protective Association, the plaintiff in error. At the term succeeding that at which the judgment by default was rendered the Travelers’ Protective Association filed a motion to- vacate the judgment on the ground that it had been obtained against it without proper service, and also upon the ground that it had been procured by…
1Opinion of the CourtThayer, Circuit Judge
Since no bill of exceptions was filed in the trial court embracing either the testimony that was introduced when the judgment was rendered or the affidavits that were read on the hearing of the motion to vacate the judgment, such testimony and affidavits form no part of the record, and cannot, as a matter of course, be nóticed by this court. Hildreth v. Grandin, 38 C. C. A. 516, 97 Fed. 870, 872. The only questions that are open for consideration in this court are: First, whether the judgment was rendered'upon defective service; and, second,, whether the complaint is sufficient to support the…
2Cases cited1 opinion
- Hildreth v. GrandinCourt of Appeals for the Eighth Circuit · 1899
3Cited by2 opinions
- Travelers' Protective Ass'n of America v. GilbertCourt of Appeals for the Eighth Circuit · 1901
- Harris v. HessinNorth Dakota Supreme Court · 1915