Lyon v. Ford
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment for the defendants in the trial by the court of an issue raised by a plea of mil tiel record to a sci. fa. on a judgment.
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Hearing on an appeal by the plaintiff from a judgment for the defendants in the trial by the court of an issue raised by a plea of mil tiel record to a sci. fa. on a judgment. The Court in its opinion stated the case as follows : On October 17, 1876, the appellant, Isaac S. Lyon,.recovered a judgment in the Supreme Court of the District of Columbia against the appellees, Samuel Ford and Charles H. Holden,- for the sum of $810, with interest on different •parts thereof at different rates. On October 16, 1877, a •writ of fieri facias was issued on the judgment. On October 16, 1888, the…
1Opinion of the CourtJustice Morris
delivered the opinión of the Court:
There is no bill of exceptions in this case'; the appellant claims that none is needed; but we do not see what there is for us to review without a bill of exceptions.
In the case of Otterback v. Patch, decided on December 12, 1894, which was nearly five months before the trial of the present cause in the court below a fact which should *316have been sufficient notice to the appellant — we held that “in the trial of an issue made on a plea of nul tiel record to a scire facias on judgment, the court decides by an inspection of the record; but the record inspected…
2Cases cited6 opinions
- The Lessee of Walden v. Craig's HeirsSupreme Court of the United States · 1840
- Dickson v. Wilkinson Ex Rel. WilkinsonSupreme Court of the United States · 1844
- Mullikin ex rel. Union Bank v. DuvallCourt of Appeals of Maryland · 1835
- McKnew v. DuvallCourt of Appeals of Maryland · 1877
- Boteler v. State ex rel. ChewCourt of Appeals of Maryland · 1836
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