The Edward H. Blake
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Texas. This is an appeal from a final decree of the district court for the Eastern district of Texas, entered June 9, 1897, adjudging that the libelant (appellee herein) is not entitled to recover as prayed for, and that its libel be dismissed; and, further, that respondents (appellants herein) are not entitled to recover upon their cross libel, and each party should pay all costs herein.
Read the full summary
Appeal from the District Court of the United States for the Eastern District of Texas. This is an appeal from a final decree of the district court for the Eastern district of Texas, entered June 9, 1897, adjudging that the libelant (appellee herein) is not entitled to recover as prayed for, and that its libel be dismissed; and, further, that respondents (appellants herein) are not entitled to recover upon their cross libel, and each party should pay all costs herein. The libel was filed May 7, 1897, by the Reliance Lumber Company. It alleged that on the 1st day of April, 1897, it chartered…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). This case being regularly called, the appellee submitted a motion to dismiss the appeal on the following grounds:
“That a material part of the evidence adduced by the claimant in the district court was not reduced to writing; that none of the testimony of appel-.lee’s witnesses heard by the district judge was reduced to writing; that none of this testimony is included in the transcript of appeal herein; that no notes of the same were taken; that no stipulation was made by the respective proctors to omit or dispense with said testimony; that the issue…
2Cases cited3 opinions
- Lewis v. TrantCourt of Appeals for the First Circuit · 1894
- Hudson v. GrafflinCourt of Appeals for the Fourth Circuit · 1896
- Pratt v. The HavilahCourt of Appeals for the Second Circuit · 1891
3Cited by9 opinions
- Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
- Patterson Oil Terminals, Inc. v. The Port Covington the Girard PointCourt of Appeals for the Third Circuit · 1953
- Munson S. S. Line v. Miramar S. S. Co.Court of Appeals for the Second Circuit · 1909
- Crosby Transp. Co. v. SautterCourt of Appeals for the Seventh Circuit · 1912
- Mayer & Lage, Inc. v. Prince Line, Ltd.District Court, S.D. New York · 1920
4 more not listed; retrieve them via the Exa API.