Herbert v. Butler
Supreme Court of the United States
Error to the Circuit Court of the United States for the Eastern District of New York. This was an action brought by Herbert for money had and received for his use by Butler. Plea, general issue. The parties were the only witnesses in the case. Judgment for the defendant. Herbert sued out this writ of error. The facts are stated in the opinion of the court.
1Opinion of the CourtJustice Bradley
There are two questions in this case: first, whether there is any bill of exceptions by which we are authorized to look into the proceedings at the trial; and, secondly, whether, if there is such a bill, there is any ground for reversing the judgment.
First, Is there a bill of exceptions? The document relied on by the plaintiff in error as constituting such a bill, and certified from the court below as part of the record, is appended to the record of the pleadings and judgment, and commences as follows: —
“ The following case and exceptions is agreed on by the attorneys for Jasper K. Herbert,…
2Cases cited3 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Graham v. BayneSupreme Court of the United States · 1855
- Generes v. CampbellSupreme Court of the United States · 1871
3Cited by43 opinions
- Pennsylvania Railroad v. ChamberlainSupreme Court of the United States · 1933
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Baltimore & Ohio Railroad v. GroegerSupreme Court of the United States · 1925
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Hepner v. United StatesSupreme Court of the United States · 1909
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