Whiting v. Equitable Life Assur. Soc.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Florida. This was an action by J. T. Whiting, administrator of H. O. F. Brown, against the Equitable Life Assurance Society. There was a judgment for defendant on a verdict directed by the court, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the Northern District of Florida. This was an action by J. T. Whiting, administrator of H. O. F. Brown, against the Equitable Life Assurance Society. There was a judgment for defendant on a verdict directed by the court, and plaintiff brings error. This was an action brought by the complainant in error, J. T. Whiting, as administrator of the estate of H. C. F. Brown, in assumpsit against the Equitable Life Assurance Society, a corporation of New York, in the circuit court for Escambia county, state of Florida, whence it was removed to the…
1Opinion of the Court
LOCKE, District Judge,
(after stating the facts.) The first question presenting itself in tins' case is as to allowing the amendment to the bill of exceptions as originally presented, which shows that the receipt in question was, subsequent to its rejection, again presented, admitted by the court, and read to the jury. It appears that the motion to amend the record was made to the presiding judge during the same term at which the trial was had, considered by him, and the order entered allowing the desired amendment. Unquestionably, it was within the power of the court to so correct any…
2Cases cited4 opinions
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892
- In Re WightSupreme Court of the United States · 1890
- Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
3Cited by3 opinions
- Lincoln Nat. Bank v. PerryCourt of Appeals for the Eighth Circuit · 1895
- Rollins v. Board of Com'rs of Gunnison CountyCourt of Appeals for the Eighth Circuit · 1897
- In re WoltonNew York Supreme Court · 1925