Star Co. v. Madden
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Action at law by Edwin C. Madden against the Star Company. Judgment for plaintiff, and defendant brings error. This cause comes here upon writ of error to review a judgment of the Circuit Court in favor of defendant in error, who was plaintiff below. The action was for libel, and the judgment was entered upon verdict of the jury. The appeal has 'been twice argued.
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In Error to the Circuit Court of the United States for the Southern District of New York. Action at law by Edwin C. Madden against the Star Company. Judgment for plaintiff, and defendant brings error. This cause comes here upon writ of error to review a judgment of the Circuit Court in favor of defendant in error, who was plaintiff below. The action was for libel, and the judgment was entered upon verdict of the jury. The appeal has 'been twice argued. At the conclusion of the first argument, question having arisen as to the reserving of certain alleged exceptions, and a certificate of the…
1Opinion of the CourtEacombe, Circuit Judge
(after stating the facts as above). [1] The first group of assignments of error which may be considered are those which deal with defendant’s requests to instruct the jury in certain particulars. These assignments are numbered 1, 2, 7, 8, and 9, and are correct in form; but they cannot be considered, unless the record discloses the fact that exceptions to the court’s refusal to charge such requests were properly reserved. What must be done to reserve an exception to instructions given or refused at the trial is prescribed by the Supreme Court in Phelps v. Mayer, 15 How, 161, 14 L. Ed. 643, in…
2Cases cited7 opinions
- Phelps v. MayerSupreme Court of the United States · 1854
- Commercial Travelers' Mut. Acc. Ass'n v. FultonCourt of Appeals for the Second Circuit · 1897
- Park Bros. & Co. v. BushnellCourt of Appeals for the Second Circuit · 1894
- Western Union Tel. Co. v. BakerCourt of Appeals for the Ninth Circuit · 1898
- Mann v. DempsterCourt of Appeals for the Second Circuit · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rumely v. United StatesCourt of Appeals for the Second Circuit · 1923
- Arizona & N. M. Ry. Co. v. ClarkCourt of Appeals for the Ninth Circuit · 1913
- Central R. Co. of New Jersey v. SharkeyCourt of Appeals for the Second Circuit · 1919
- Brevard Tannin Co. v. J. F. Mosser Co.Court of Appeals for the Fourth Circuit · 1923
- Copper River & N. W. Ry. Co. v. HeneyCourt of Appeals for the Ninth Circuit · 1914
5 more not listed; retrieve them via the Exa API.