Legal Opinion

Pacific Bank v. Hannah

Court of Appeals for the Ninth Circuit

Decided May 3, 1898No. 400PublishedCited by 6 opinions

In Error to the Circuit Court of the United States for the District of Washington. This is an action in ejectment, brought by the Pacific Bank, plaintiff in error here, for about four acres of land situated in the county of Pierce, state of Washington. The complaint alleged ownership in foe, and a right to the possession of the land, and that the defendants were in unlawful possession thereof.

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In Error to the Circuit Court of the United States for the District of Washington. This is an action in ejectment, brought by the Pacific Bank, plaintiff in error here, for about four acres of land situated in the county of Pierce, state of Washington. The complaint alleged ownership in foe, and a right to the possession of the land, and that the defendants were in unlawful possession thereof. The defendants pleaded a general denial, and set up that the county of Pierce, state of Washington, was the owner of said land, and that they were In possession by consent of said Pierce county. The…

1Opinion of the CourtMorrow, Circuit Judge

(after stating the facts). A motion has been made to dismiss the writ of error on the ground that the bill of exceptions, although filed within the term at which judgment was rendered, was not presented to, and allowed bj, the judge of the court below until after the expiration of the term. We think that the fact that the bill of exceptions was filed within the term at which judgment was rendered is sufficient to preserve the rights of a party in presenting the bill of exceptions for allowance and settlement. U. S. v. Breitling, 20 How. 252; Dredge v. Forsyth, 2 Black, 563, 568; Davis v.…

2Cases cited31 opinions

  1. United States v. BreitlingSupreme Court of the United States · 1858
  2. Waldron v. WaldronSupreme Court of the United States · 1895
  3. The Chateaugay Ore & Iron Co.Supreme Court of the United States · 1888
  4. Barr v. Gratz's HeirsSupreme Court of the United States · 1819
  5. Hume v. BowieSupreme Court of the United States · 1893

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3Cited by6 opinions

  1. Atchison, T. & S. F. Ry. Co. v. NicholsCourt of Appeals for the Ninth Circuit · 1924
  2. Christianson v. King CountyDistrict Court, W.D. Washington · 1912
  3. Christianson v. King CountyCourt of Appeals for the Ninth Circuit · 1913
  4. Logue v. FerrisCourt of Appeals for the Eighth Circuit · 1922
  5. McDonald v. HardingCourt of Appeals for the Ninth Circuit · 1932

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