Patting v. Spring Valley Coal Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. v This is an action for personal injury, alleged to have been caused by the negligence of the defendant. A judgment in favor of the plaintiff was reversed by this court.
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In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. v This is an action for personal injury, alleged to have been caused by the negligence of the defendant. A judgment in favor of the plaintiff was reversed by this court. Coal Co. v. Patting, 58 U. S. App. 575, 80 C. C. A. 108, 86 Fed. 483. When the case was readied for trial again in the circuit court,, the plaintiff, who is now the plaintiff in error, was absent, and, on “being called,” did not appear in person or by an attorney, and thereupon, as the entry shows, the court, on…
1Opinion of the CourtWoods, Circuit Judge
There is no bill of exceptions .in the record. It seems that none was necessary. The plaintiff, being absent and unrepresented, could not have excepted to the impaneling of the jury, directing a verdict, and entering judgment on the merits; and the ruling upon the motion to vacate the judgment and verdict, involving no different question, seems to be reviewable, under the Illinois practice, though not excepted to. Nichols v. People, 40 Ill. 395; Wiggins Ferry Co. v. People, 101 Ill. 446; Baker v. People, 105 Ill. 452. The sixth and' seventh specifications of error have no foundation outside…
2Cases cited8 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Baker v. PeopleIllinois Supreme Court · 1882
- Caverly v. DeereCourt of Appeals for the Seventh Circuit · 1895
- Wiggins Ferry Co. v. People ex rel. WeberIllinois Supreme Court · 1882
- Russell v. KernCourt of Appeals for the Seventh Circuit · 1895
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3Cited by3 opinions
- Hicks v. Bekins Moving & Storage Co.Court of Appeals for the Ninth Circuit · 1940
- Groton Bridge & Mfg. Co. v. Clark Pressed Brick Co.Court of Appeals for the Eighth Circuit · 1905
- Albany Perforated Wrapping-Paper Co. v. John Hoberg Co.Court of Appeals for the Seventh Circuit · 1901