Bodart v. Schell
U.S. Circuit Court for the Southern District of Georgia
At Law. On motion for new trial. Two actions brought by Edward Bodart, solo survivor of 0. Morlot & Co., against Robert Schell and others, executors of Augustus Schell, late collector of customs, to recover back excess of duties paid under protest. A trial by jury was had, and verdict rendered for plaintiff.
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At Law. On motion for new trial. Two actions brought by Edward Bodart, solo survivor of 0. Morlot & Co., against Robert Schell and others, executors of Augustus Schell, late collector of customs, to recover back excess of duties paid under protest. A trial by jury was had, and verdict rendered for plaintiff. The district attorney moved for new trials, and plaintiff offered the following stipulation: The plaintiff in each of the above-entitled actions hereby offers to stipulate that the motion for a new trial, made by the district attorney, in each of the above-entitled actions, be granted on…
1Opinion of the CourtLacombe, J.
Before the argument of these motions, plaintiff proffered the annexed stipulation, which defendant declined to accept. Motions are now made for new trials, on the ground that no proof was given upon the trials that the protest to the entry by the Challenger, of August, 1857, was signed by the plaintiff’s firm, or by any member thereof, or by any authorized agent, as required by the protest act of 1845. Contrary to the impression formed at the argument, 1 am of the opinion that both motions must be granted. Upon re-examining the testimony of Mr. Stanwood in the action first tried, there does…
2Cases cited1 opinion
- Florio v. PeasleeU.S. Circuit Court for the District of Massachusetts · 1855
3Cited by1 opinion
- Allison v. United StatesCourt of Customs and Patent Appeals · 1922