First National Bank v. Fox
Court of Appeals for the D.C. Circuit
Hearing on a motion to dismiss or affirm a judgment for the defendant of the Supreme Court of the District of Columbia, upon verdict, in an action upon a promissory'note, a motion by the appellee to strike the bill of exceptions from the record having theretofore been granted by this court. The facts are stated in the opinion.
1Opinion of the CourtJustice Van Orsdel
This cause was originally submitted upon the merits and upon a motion by Edmund K. Eox, appellee, to strike the bill of exceptions from the record, for the reason that it was prepared in violation of sec. 4, rule 5, of this court. Upon consideration, the court struck out the bill of exceptions (39 App. D. C. 477), and we are now confronted with a motion to affirm or dismiss.
More mature reflection convinces us that, while it is undoubtedly within the power of the court to strike a bill of exceptions from the record for failure to comply with the rule, a more just and equitable practice can be…
2Cases cited6 opinions
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- Frenzel v. MillerIndiana Supreme Court · 1871
- Field v. AustinCalifornia Supreme Court · 1901
- Buren v. Digges Ex Rel. LibbeySupreme Court of the United States · 1851
- Withers v. GreeneSupreme Court of the United States · 1850
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3Cited by7 opinions
- King v. Industrial Bank of WashingtonDistrict of Columbia Court of Appeals · 1984
- Owen v. SchwartzCourt of Appeals for the D.C. Circuit · 1949
- Smith v. O'ConnorCourt of Appeals for the D.C. Circuit · 1936
- Robinson v. CarterDistrict of Columbia Court of Appeals · 1950
- Agdipa v. ErtayDistrict Court, District of Columbia · 2026
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