United States v. Baxter
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. Action.by George N. Baxter against the United States to recover moneys claimed to be due him as district attorney. Judgment for plaintiff. Both parties bring error. Plaintiff moves to dismiss defendant’s writ of error.
1Opinion of the CourtSanborn, Circuit Judge
The judgment in this case was rendered August 81, 1891; and while the writ of error was allowed by the acting circuit judge, February 8, 1892, it was, without fault of the district attorney, not actually issued until after March'6, 1892. .
No judgment or decree of the circuit court can be reviewed in this court upon writ of error unless the writ is sued out within six months after the entry of the judgment. 26 St. U. S. p. 826, § 11. In Brooks v. Norris, 11 How. 207, the supreme court, speaking by Chief Justice Taney, said:
“The writ of error is not brought, in the legal meaning of the term,…
2Cases cited3 opinions
- Mussina v. CavazosSupreme Court of the United States · 1867
- Scarborough v. PargoudSupreme Court of the United States · 1883
- Cummings v. JonesSupreme Court of the United States · 1882
3Cited by11 opinions
- Atlantic Trust Co. v. DanaCourt of Appeals for the Eighth Circuit · 1903
- Greyerbiehl v. Hughes Electric Co.Court of Appeals for the Eighth Circuit · 1923
- Union Pac. Ry. Co. v. Colorado Eastern Ry. Co.Court of Appeals for the Eighth Circuit · 1893
- Threadgill v. PlattU.S. Circuit Court for the District of Western Virginia · 1895
- Blaffer v. New Orleans Water Supply Co.Court of Appeals for the Fifth Circuit · 1908
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