Legal Opinion

Rutan v. Johnson

Court of Appeals for the Third Circuit

Decided March 7, 1904PublishedCited by 4 opinions

On Motions to Dismiss for Want of Jurisdiction.

1Per curiam

In each of the two above-entitled cases the record discloses the same state of facts. Final judgment was entered on June 12, 1903. A bill of exceptions was signed and filed on September 22, *1101903, and on the same day an assignment of errors was filed and a writ of error was allowed by the judge upon a petition presented and filed. The writ of error, however, was not issued until December 28, 1903, and on that day was filed in the court below. It follows, therefore, that the writ of error was not sued out within the time limited by the act of March 3, 1891 (chapter 517, § 11, 26 Stat. 829…

2Cases cited5 opinions

  1. Jehiel Brooks, in Error v. Samuel NorrisSupreme Court of the United States · 1851
  2. Scarborough v. PargoudSupreme Court of the United States · 1883
  3. Stevens v. ClarkCourt of Appeals for the Seventh Circuit · 1894
  4. United States v. BaxterCourt of Appeals for the Eighth Circuit · 1892
  5. City of Waxahachie v. ColerCourt of Appeals for the Fifth Circuit · 1899

3Cited by4 opinions

  1. Rutan v. Johnson & JohnsonCourt of Appeals for the Third Circuit · 1916
  2. Johnson & Johnson v. HeroldDistrict Court, D. New Jersey · 1907
  3. Veritas Oil Corp. v. McLainCourt of Appeals for the Fifth Circuit · 1925
  4. Collins v. HuffmanCourt of Appeals for the Third Circuit · 1917

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