Evans v. Stettnisch
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. The facts in this case are these: On November 10, 1884,. plaintiff, now plaintiff in error, filed in the Circuit Court of the-United States for the District of Nebraska an “amended and reformed petition.” 'Nothing seems to have been done thereafter until 1887, when at the May term, and on thé second day of May, the case was “ ordered continued.”
Read the full summary
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. The facts in this case are these: On November 10, 1884,. plaintiff, now plaintiff in error, filed in the Circuit Court of the-United States for the District of Nebraska an “amended and reformed petition.” 'Nothing seems to have been done thereafter until 1887, when at the May term, and on thé second day of May, the case was “ ordered continued.” On August. 18, 1887, the record recites: “ On motion of defendants, leave is granted by the court to-answer herein in ten days. Plaintiff is ruled to reply in twenty days,…
1Opinion of the CourtJustice Brewer
The record of the trial shows that the parties appeared by their attorneys; discloses no application for a postponement, no objection, to proceeding at the time, and no error in the course of the trial. As against this, there is an affidavit which, as certified by the clerk, is among the files in the case. For several reasons this is insufficient:
In the first place, only errors apparent on the record can be considered, and an affidavit filed for use on a motion is not part of the record, any more than the deposition of a witness used on the trial, and only becomes a part of the record by…
2Cases cited1 opinion
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
3Cited by19 opinions
- Johnson v. United StatesSupreme Court of the United States · 1912
- Chicago Great Western R. v. ValleyCourt of Appeals for the Eighth Circuit · 1916
- Middleton v. Hartford Acc. & Indemnity Co.Court of Appeals for the Fifth Circuit · 1941
- Guth v. Minnesota Mining & Mfg. Co.Court of Appeals for the Seventh Circuit · 1934
- Philipbar v. DerbyCourt of Appeals for the Second Circuit · 1936
14 more not listed; retrieve them via the Exa API.