Klein v. Southern Pac. Co.
U.S. Circuit Court for the District of Oregon
At Law. On motion for orders staying execution pending motion for new trial.
1Opinion of the Court
GILBERT, Circuit Judge.
The defendant presents a motion for an order staying execution until the motion for a new trial shall be disposed of and a bill of exceptions settled and allowed. The plaintiff denies that a motion for a new trial is pending. The question whether such a motion is now before the court is thus presented.
Judgment was rendered on December 27, 1904, at the October term of the court. On January 25, 3905, during the same term, a motion for a new trial was filed. The motion was not presented to the court during that term, and when the court, on April 8th, adjourned for the…
2Cases cited13 opinions
- Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
- Brockett v. BrockettSupreme Court of the United States · 1844
- Kingman v. Western Manufacturing Co.Supreme Court of the United States · 1898
- Derby v. Worcester CountyCourt of Appeals for the First Circuit · 1900
- Wilson v. VanceIndiana Supreme Court · 1876
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3Cited by16 opinions
- Southland Industries, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1938
- Payne v. GarthCourt of Appeals for the Eighth Circuit · 1922
- In Re Peter's EstateSupreme Court of Oklahoma · 1935
- Schneider v. SchneiderSupreme Court of Kansas · 1938
- Sergio v. UtterbackSupreme Court of Iowa · 1926
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