One Pearl Chain v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a decree of the District Court, Southern District of New York, forfeiting to the United States one pearl chain, which the claimant, an American citizen, and a passenger by the steamship Kronprinz Wilhelm, brought with her, wearing it on her neck, upon her return to this country on July 22, 1902. The information contains six counts.
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In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a decree of the District Court, Southern District of New York, forfeiting to the United States one pearl chain, which the claimant, an American citizen, and a passenger by the steamship Kronprinz Wilhelm, brought with her, wearing it on her neck, upon her return to this country on July 22, 1902. The information contains six counts. All of these, however, were abandoned either upon the trial or upon the argument, except the second, which reads as…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). Counsel for the government contends that the claimant, having asked the court to direct a verdict in her favor, was not entitled thereafter to reserve exceptions to a refusal to send the case to the jury, which claimant requested should be done after her motion to direct verdict had been denied (Kirtz v. Peck, 113 N. Y. 222, 21 N. E. 130; Bishop v. Corning, 37 App. Div. 345, 57 N. Y. Supp. 697), and moves to dismiss the appeal. This technical rule of the state practice is not followed in this circuit (Sigua Iron Co. v. Greene, 88 Fed. 207, 31 C. C. A. 477),…
2Cases cited5 opinions
- Keck v. United StatesSupreme Court of the United States · 1899
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Sigua Iron Co. v. GreeneCourt of Appeals for the Second Circuit · 1898
- Bishop v. CorningAppellate Division of the Supreme Court of the State of New York · 1899
- Bishop v. CorningAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by17 opinions
- International Railway Co. v. DavidsonSupreme Court of the United States · 1922
- United States v. ChesbroughDistrict Court, D. New Jersey · 1910
- United States v. MattioCourt of Appeals for the Ninth Circuit · 1927
- Dodge v. United StatesCourt of Appeals for the Second Circuit · 1904
- Rogers v. United StatesCourt of Appeals for the Sixth Circuit · 1910
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