Marks v. Northern Pac. R.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Western Division of the District of Washington. This was an action brought by J. It. Marks and others against the Northern Pacific Railroad Company. From a judgment in favor of defendant, plaintiffs bring error.
1Opinion of the Court
ROSS, Circuit Judge.
The motion to dismiss the writ of error must be, and is, denied. The motion is based upon the ground that the writ was not sued out within the time limited by law, which is six months after the entry of the judgment sought to be reviewed. Act March. 3, 1891, § 11 (26 Stat. 826-829). The record shows that the case came on for trial before the court below on the 2oth day of April, 1894. A jury having been duly impaneled and sworn to try the issues of fact, the attorney for the plaintiffs made an opening statement of the facts he expected to prove and relied upon for a…
2Cases cited4 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Lutz v. LinthicumSupreme Court of the United States · 1834
- Polleys v. Black River Improvement Co.Supreme Court of the United States · 1885
- Lyle v. RodgersSupreme Court of the United States · 1820
3Cited by4 opinions
- In re McCallCourt of Appeals for the Sixth Circuit · 1906
- City of Lawton v. Sherman MacHine & Iron WorksSupreme Court of Oklahoma · 1938
- Ilse v. Aetna Indemnity Co.Washington Supreme Court · 1909
- Netherton v. HoltonWisconsin Supreme Court · 1926