Smythe v. New Orleans Land Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Action at law by Andrew W. Smythe against the New Orleans Land Company and others. Judgment for defendants, and plaintiff brings error. Affirmed.
1Per curiam
Where a writ of error is allowed, and citation duly issued and served, an informality in the bond, or in its approval, will not affect the appellate jurisdiction. See O’Reilly v. Edrington, 96 U. S. 724, 24 L. Ed. 659; Hudson v. Parker, 156 U. S. 287, 15 Sup. Ct. 450, 39 L. Ed. 424.
The assignments of error herein complain, first, of a refusal to direct a verdict for the plaintiff; and, second and third, of excerpts from the judge’s charge. From a consideration of the evidence and the judge’s full charge to the jury, given in the transcript, we conclude that the evidence made a case for the…
2Cases cited2 opinions
- Hudson v. ParkerSupreme Court of the United States · 1895
- O'Reilly v. EdringtonSupreme Court of the United States · 1878