Gumbel v. Pitkin
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA. Motion to dismiss and affirm. The grounds of the first motion were, (1) That no copy of the writ had been lodged with the clerk; (2) That no assignment of. errors was transmitted with the record; (3) That the writ of error did not set forth the names of the members of the firms mentioned in the writ as defendants, and there was nothing in the record, by which the irregularity could be…
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA. Motion to dismiss and affirm. The grounds of the first motion were, (1) That no copy of the writ had been lodged with the clerk; (2) That no assignment of. errors was transmitted with the record; (3) That the writ of error did not set forth the names of the members of the firms mentioned in the writ as defendants, and there was nothing in the record, by which the irregularity could be corrected; (4) That the judgment appealed from was not a final judgment. —1. The failure to serve the writ of error by lodging a…
1Opinion of the CourtJustice Miller
A motion is made to dismiss the writ of error in this case on the following grounds:
1. The writ of error was never served by lodging a copy thereof with the clerk of the court.
2. No assignment of errors was transmitted with, the record, as required by the rules of the court and by § 997 Rev. Stat.
3. The writ of error does not set forth the names of the members of the several firms mentioned in the writ as defendants, and there is nothing in the record by which this irregularity may be corrected.
4. The original petition demands restoration of the goods seized by the marshal to the sheriff, on…
2Cases cited5 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Deneale and Others v. STUMP'S EXECUTORS.Supreme Court of the United States · 1834
- Independent School-Dist. Ackley, Hardin County, Iowa v. HallSupreme Court of the United States · 1882
- The ProtectorSupreme Court of the United States · 1871
- Smith v. ClarkSupreme Court of the United States · 1852
3Cited by42 opinions
- Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
- Go-Bart Importing Co. v. United StatesSupreme Court of the United States · 1931
- Cogen v. United StatesSupreme Court of the United States · 1929
- In re Saco Local Development Corp.Court of Appeals for the First Circuit · 1983
- Gumbel v. PitkinSupreme Court of the United States · 1888
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