Payne v. Garth
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Nebraska; Joseph W. Woodrough, Judge. ' Action by Winston S. Garth and others against John Barton Payne, Director General of Railroads, Agent. Judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
STONE, Circuit Judge.
From a judgment favoring plaintiffs in an action to recover damages to a shipment of cattle because of negligent lack of care en route and delay, defendant has sued this writ of error.. Defendants in error present a motion to dismiss the writ because not filed within six months of the entry of judgment. Determination of the motion depends upon the effect of a motion for new trial filed in the case. Under the practice in Nebraska, judgment is entered following the verdict, so that motions for new trial are filed after the entry of judgment. The September term, 1919,…
2Cases cited29 opinions
- United States v. MayerSupreme Court of the United States · 1914
- Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
- Brockett v. BrockettSupreme Court of the United States · 1844
- BUTCHERS'BENEVOLENT ASSOCIATION v. Crescent City Live-Stock Landing and Slaughter-House Co.Supreme Court of the United States · 1870
- Kingman v. Western Manufacturing Co.Supreme Court of the United States · 1898
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3Cited by20 opinions
- Southland Industries, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1938
- Denholm & McKay Co. v. Commissioner of Int. Rev.Court of Appeals for the First Circuit · 1942
- MacNeil v. Hearst CorporationDistrict Court, D. Delaware · 1958
- Greyerbiehl v. Hughes Electric Co.Court of Appeals for the Eighth Circuit · 1923
- Larkin Packer Co. v. Hinderliter Tool Co.Court of Appeals for the Tenth Circuit · 1932
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