Legal Opinion

Hart v. Bowen

Court of Appeals for the Fifth Circuit

Decided April 19, 1898No. 597PublishedCited by 6 opinions

In Error to the Circuit Court of the United States for the Eastern District of Louisana. This action was instituted in the circuit court on the petition of Mrs. B. W. Bowen, wife of Reuben D. Bowen, and of said Reuben D. Bowen, each citizens of the state of Texas, and therein it was averred as follows: “That the estate of E. J. Hart, deceased, now being administered in the civil district court for the parish of Orleans under the number 45,308 of the docket thereof, and the…

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In Error to the Circuit Court of the United States for the Eastern District of Louisana. This action was instituted in the circuit court on the petition of Mrs. B. W. Bowen, wife of Reuben D. Bowen, and of said Reuben D. Bowen, each citizens of the state of Texas, and therein it was averred as follows: “That the estate of E. J. Hart, deceased, now being administered in the civil district court for the parish of Orleans under the number 45,308 of the docket thereof, and the commercial' firm of E. J. Hart & Co., and Mrs. Juliana Hart, widow of said deceased, Miss Mary T. Hart, a feme sole of…

1Opinion of the CourtPardee, Circuit Judge

The plaintiffs in error complain in their first assignment of error that the court below erred in reopening the case of the plaintiffs after they had formally closed their case, and after counsel for the defense had opened the case for the defendants, and in thereafter permitting the plaintiffs to offer further evidence. The bill of exceptions upon which this assignment is based shows the following proceeding:

“The counsel for plaintiff, after offering evidence, had formally announced that he had closed the case of plaintiff, whereupon counsel for defendant proceeded to open the case of…

2Cases cited1 opinion

  1. Stauffer, Macready & Co. v. MorganSupreme Court of Louisiana · 1887

3Cited by6 opinions

  1. United States v. ShingleCourt of Appeals for the Ninth Circuit · 1937
  2. Deering Harvester Co. v. KellyCourt of Appeals for the Sixth Circuit · 1900
  3. Walsh v. SchaferDistrict of Columbia Court of Appeals · 1948
  4. Algernon Sims v. Texas and New Orleans Railroad CompanyCourt of Appeals for the Fifth Circuit · 1959
  5. Central Iron & Coal Co. v. MasseyCourt of Appeals for the Fifth Circuit · 1920

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