Lutcher v. United States
Court of Appeals for the Fifth Circuit
In I'liTOi' to the Circuit Court of the United States for the Eastern District of Texas. This is a suit at law-brought by the United States in the circuit court for the Eastern district of Texas against Henry J. butcher and G. Bedell Moore, composing- the firm of Butcher & Moore, to recover damages for timber unlawfully taken from the public lands in bouisiana, and sold to said firm.
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In I'liTOi' to the Circuit Court of the United States for the Eastern District of Texas. This is a suit at law-brought by the United States in the circuit court for the Eastern district of Texas against Henry J. butcher and G. Bedell Moore, composing- the firm of Butcher & Moore, to recover damages for timber unlawfully taken from the public lands in bouisiana, and sold to said firm. On the trial, various bills of exception were taken by the defendants to the rulings of the court, admitting and rejecting evidence, and refusing instructions to the jury. There was a verdict for the United…
1Opinion of the CourtPardee, Circuit Judge
(after stating tiie case as above). The paper permitted to be read in evidence on the trial is so deficient in all the forms and requisites that it cannot be properly called a “deposition" or even an “affidavit.” It does not show any notice of the fairing; that the statements were taken before any officer; that the persons making the statements wen* sworn. The statements bear no date or venue, arid are accompanied by no certificate. The trial court appears to have admitted the statements contained in the paper to he read in evidence because they had been placed in the files of the case, had…
2Cases cited2 opinions
- Stimpson v. BrooksU.S. Circuit Court for the District of Southern New York · 1856
- Houston & Texas Central Railway Co. v. Van AlstyneTexas Supreme Court · 1882