Fretz v. Stover
Supreme Court of the United States
Appeal from the District Court for the Eastern District of Virginia; the case being thus: For several years prior to February 25th, 1861, a litigation had been waged by Fretz and wife, residents of Pennsylvania, against Stover, a resident of Fauquier County, Virginia; a certain Chilton, a lawyer in embarrassed-circumstances, and resident in the same county, being the counsel of the former. The suit was for property claimed by the wife.
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Appeal from the District Court for the Eastern District of Virginia; the case being thus: For several years prior to February 25th, 1861, a litigation had been waged by Fretz and wife, residents of Pennsylvania, against Stover, a resident of Fauquier County, Virginia; a certain Chilton, a lawyer in embarrassed-circumstances, and resident in the same county, being the counsel of the former. The suit was for property claimed by the wife. On the said 25th of February, 1861, a compromise was effected between the parties, and it was agreed that Stover should give his bond to Fretz and wife,…
1Opinion of the CourtJustice Davis
At the outset of this case we are met with the objection that there is no replication in the record; but this objection, on the authority of Clements v. Moore, * should have been made in the court below. Not having been made there, it will be considered as having been waived. It would work great injustice in this case to allow it to be taken here for the first time, for manifestly the submission was not on bill and answer, for proofs wore taken, and it is to be presumed, in the absence of anything in the'reeord to the contrary, that they were considered by the court in the disposition of ihe…
2Cited by16 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- Clifford Jones v. Honorable Oliver Gasch, Judge of the United States District Court for Thedistrict of ColumbiaCourt of Appeals for the D.C. Circuit · 1968
- Insurance Co. v. DavisSupreme Court of the United States · 1877
- Baldy v. HunterSupreme Court of the United States · 1898
- Mackaye v. MalloryCourt of Appeals for the Second Circuit · 1897
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