Fulton v. Fletcher
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant surety from a judgment on verdict, in an action on an appeal bond. The Court in its opinion stated the case as follows: This is an action to recover damages upon an appeal bond given in the appeal case of La Tourette v. Fletcher, 6 App. D. O. 324. That was a suit in equity begun originally by Fletcher, a judgment creditor of La Tourette, against the latter, and one Celestia A. Smith, and Thos.
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Hearing on an appeal by the defendant surety from a judgment on verdict, in an action on an appeal bond. The Court in its opinion stated the case as follows: This is an action to recover damages upon an appeal bond given in the appeal case of La Tourette v. Fletcher, 6 App. D. O. 324. That was a suit in equity begun originally by Fletcher, a judgment creditor of La Tourette, against the latter, and one Celestia A. Smith, and Thos. M. Fields, trustee, to vacate for fraud upon creditors, a trust deed given by said La Tourette to said Fields, as trustee, to secure certain indebtedness to said…
1Opinion of the CourtJustice Shepard
Error has been assigned upon sixteen grounds relating to exceptions to the evidence and the charge, as well as to points made in the motion in arrest of judgment; but these have been condensed by counsel into certain points of contention that will be considered m their proper order.
1. The first of these is that the bond was void for the reason that the Court of Appeals had no jurisdiction of the appeal in the case of La Tourette v. Fletcher, 6 App. D. C. 324, because that appeal was not from a final decree, but from an interlocutory order only, without-the allowance of said court upon…
2Cases cited25 opinions
- Simmons v. United StatesSupreme Court of the United States · 1891
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Dowell v. ApplegateSupreme Court of the United States · 1894
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Lincoln v. PowerSupreme Court of the United States · 1894
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