Legal Opinion
Roberts v. Bennett
Court of Appeals for the Second Circuit
Decided November 16, 1904No. 95PublishedCited by 5 opinions
In Error to the Circuit Court of the United States for the Northern District of New York.
1Per curiam
Although the bill of exceptions was not allowed and signed during the term in which the judgment was rendered, and no extension of time beyond the term had been given by the court or the consent of the parties, we think the delay was excused by the illness of the judge before whom the action was tried, and his consequent inability to settle the bill, and that the “extraordinary circumstances” withdraw the case from the operation of the general rule. Koewing v. Wilder, 126 Fed. 472, 61 C. C. A. 312.
The motion to set aside the bill of exceptions is denied.
2Cases cited1 opinion
- Koewing v. WilderCourt of Appeals for the Second Circuit · 1903
3Cited by5 opinions
- Dalton v. GunnisonCourt of Appeals for the Ninth Circuit · 1908
- American Grass Twine Co. v. ChoateCourt of Appeals for the Seventh Circuit · 1907
- Farm Mortgage & Loan Co. v. WillettDistrict Court, W.D. New York · 1922
- Bidwell v. AmsinckCourt of Appeals for the Second Circuit · 1908
- United States ex rel. Fehsenfeld v. WaddillCourt of Appeals for the Fourth Circuit · 1923