Griggs v. Nadeau
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Minnesota; Page Morris, Judge. Action by E. E. Nadeau against Clarence Griggs and another, executors of Solomon E. King, deceased. Judgment for plaintiff, and defendants bring error. Solomon E. King, a resident of Ottawa, La Salle county, 111., died there in June, 1909, leaving a large and valuable estate.
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In Error to the District Court of the United States for the District of Minnesota; Page Morris, Judge. Action by E. E. Nadeau against Clarence Griggs and another, executors of Solomon E. King, deceased. Judgment for plaintiff, and defendants bring error. Solomon E. King, a resident of Ottawa, La Salle county, 111., died there in June, 1909, leaving a large and valuable estate. By his will he nominated the plaintiffs in error, defendants in the court below, who were also residents of Ottawa, as executors. They duly qualified as such in La Salle county, state of Illinois. The bulk of the large…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [1] 'fhe record fails to show that there was a single exception taken by the defendants during the trial. No request was made for a directed verdict, nor was there a motion in arrest of judgment. The general rule is that, when no exceptions are taken at the trial to a jury in the trial court, an appellate court has no power, on writ of error, to review any alleged errors committed during the trial. Mexico International Hand Co. v. Earkin, 195 Fed. 495, 115 C. C. A. 405.
[ 2] But there is an exception to this rule. If it appears that the complaint failed to…
2Cases cited31 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Byers v. McAuleySupreme Court of the United States · 1893
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Austin v. . MunroNew York Court of Appeals · 1872
- Lehnen v. DicksonSupreme Court of the United States · 1893
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3Cited by11 opinions
- Jones v. PettingillCourt of Appeals for the First Circuit · 1917
- Franqui de Alfaro v. HermanosSupreme Court of Puerto Rico · 1933
- In re GriggsCourt of Appeals for the Eighth Circuit · 1916
- Simmons Hardware Co. v. Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1922
- Consolidated Realty Corp. v. DunlopCourt of Appeals for the D.C. Circuit · 1940
6 more not listed; retrieve them via the Exa API.