Legal Opinion

Embry v. Palmer

Supreme Court of the United States

Decided January 29, 1883No. 144PublishedCited by 194 opinions

Error to the Supreme Court of Errors of the State of Connecticut. James H. Embry, administrator of Robert J. Atkinson, deceased,-brought, in January, 1872, his action in the Supreme Court of the District of Columbia, against Stanton and Palmer, to recover compensation for professional services alleged to have been rendered, in their behalf and at their request, by his intestate, in prosecuting and recovering for them the amount of-certain claims in their favor against the…

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Error to the Supreme Court of Errors of the State of Connecticut. James H. Embry, administrator of Robert J. Atkinson, deceased,-brought, in January, 1872, his action in the Supreme Court of the District of Columbia, against Stanton and Palmer, to recover compensation for professional services alleged to have been rendered, in their behalf and at their request, by his intestate, in prosecuting and recovering for them the amount of-certain claims in their favor against the United States. In this action they appeared and.defended, and judgmeht-was rendered against them upon a verdict for…

1Opinion of the CourtJustice Matthews

A suggestion is made in argument that Embry is estopped to prosecute this writ to the reversal of the decree below, because it appears that the amount of money ordered by it to be paid to him as a condition of relief granted has been accepted by him. It is said that this is a release of errors. Without entering upon a discussion of the general question, it is sufficient for the present purpose to say that no waiver or release of errors, operating as a bar to the further prosecution of an appeal or writ of error, can be implied, except from conduct which is inconsistent with the claim of a…

2Cases cited15 opinions

  1. McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
  2. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
  3. Dobson v. . PearceNew York Court of Appeals · 1854
  4. Turnbull v. PaysonSupreme Court of the United States · 1877
  5. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810

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3Cited by194 opinions

  1. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  2. Stoll v. GottliebSupreme Court of the United States · 1938
  3. Alaska Packers Assn. v. Industrial Accident Comm'n of Cal.Supreme Court of the United States · 1935
  4. Marshall v. HolmesSupreme Court of the United States · 1891
  5. United States v. HoughamSupreme Court of the United States · 1960

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