Malony v. Adsit
Supreme Court of the United States
APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE DISTRICT OP ALASKA. In May, 1896, Ohlin H. Adsit filed a complaint against John F. Malonyin the United States District Court for the District of Alaska, to recover possession of the undivided one half of a tract of land in the town of Juneau, District of Alaska.
Read the full summary
APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE DISTRICT OP ALASKA. In May, 1896, Ohlin H. Adsit filed a complaint against John F. Malonyin the United States District Court for the District of Alaska, to recover possession of the undivided one half of a tract of land in the town of Juneau, District of Alaska. The complaint averred that on the 29th day of April, 1891, and for more than nine years prior thereto, the plaintiff and his grantors were the owners by right of prior occupancy and actual possession, of the land in question, and that plaintiff was entitled to the possession…
1Opinion of the CourtJustice Shiras
An inspection of this record discloses that the bill of exceptions was not settled, allowed and signed by the judge who tried the case, but by his successor in office, several months after the trial. It is settled that allowing and signing a bill of exceptions is a judicial act, which can only be performed by the judge who sat at the trial. What took place at the trial, and is a proper subject of exception, can only be judicially known by the judge who has acted in that capacity. Such knowledge cannot be brought to a judge who did not participate in the trial or to a judge who has succeeded…
2Cases cited8 opinions
- Hume v. BowieSupreme Court of the United States · 1893
- Mussina v. CavazosSupreme Court of the United States · 1867
- Origet v. United StatesSupreme Court of the United States · 1888
- Young v. MartinSupreme Court of the United States · 1869
- Bennett v. HarkraderSupreme Court of the United States · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- City of Manning v. German Ins.Court of Appeals for the Eighth Circuit · 1901
- Metropolitan Railroad v. District of ColumbiaSupreme Court of the United States · 1904
- Krauss Brothers Lumber Co. v. MellonSupreme Court of the United States · 1928
- Knight v. Illinois Cent. R. Co.Court of Appeals for the Sixth Circuit · 1910
- Upton v. Santa Rita Mining Co.New Mexico Supreme Court · 1907
53 more not listed; retrieve them via the Exa API.