Bidwell v. Amsinck
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. The opinion below is the same as stated in Bidwell v. Preston (C. C. A.) 160 Fed. 653. These proceedings were brought in behalf o.f George R. Bidwell, plaintiff in error, and ex collector of customs at the port of New York, against Gustav Amsnick and others, defendants in error.
1Per curiam
The decision of the Circuit Court should be affirmed on the original record. Plaintiff in error concedes that if the excep*753tion, introduced by amendment 14 months after the bill of exceptions was settled, is not properly there, he cannot prevail. We sent the case back to enable him to show, if he could, that the exception was in fact taken, and also that there were such extraordinary circumstances (Roberts v. Bennett, 135 Fed. 748, 68 C. C. A. 386) as would entitle him to have the bill of exceptions amended. We think he failed to show such extraordinary circumstances, and that the bill could…
2Cases cited1 opinion
- Roberts v. BennettCourt of Appeals for the Second Circuit · 1904