Struett v. Hill
Court of Appeals for the Ninth Circuit
In Equity. Suit by Kathryn Struett, formerly Kathryn Smith, against Harry B. Hill. From a decree for the defendant, the complainant appeals. On motion by appellant for an order, directed to the United States District Judge, requiring him to show cause why he should not approve the record of the evidence and proceedings.
Read the full summary
In Equity. Suit by Kathryn Struett, formerly Kathryn Smith, against Harry B. Hill. From a decree for the defendant, the complainant appeals. On motion by appellant for an order, directed to the United States District Judge, requiring him to show cause why he should not approve the record of the evidence and proceedings. The complainant moves the Circuit Court of Appeals for an order, directed to the United States District Judge at Tacoma, Wash., requiring him to show cause why he should not approve the record of the evidence and proceedings in the above-emitted cause as tried before him in…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). Rule 75 of the Equity Rules makes it the duty of the appellant to file with the clerk of the court in which the appeal is prosecuted a praecipe for the portions of the record to be incorporated in the transcript on appeal, and requires the appellee, if he shall desire an additional portion of the record incorporated, to file with the clerk a praecipe within 10 days unless the time shall be enlarged by the court or judge. The rule also prescribes how the evidence shall be included and puts the duty of condensing and stating the evidence primarily upon the…
2Cases cited7 opinions
- Ex Parte Story v. StorySupreme Court of the United States · 1838
- Buessel v. United StatesCourt of Appeals for the Second Circuit · 1919
- Johnson v. HarmonSupreme Court of the United States · 1877
- Alabama Power Co. v. Gulf Power Co.District Court, M.D. Alabama · 1922
- L. A. Westermann Co. v. Dispatch Printing Co.Court of Appeals for the Sixth Circuit · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Barber Asphalt Paying Co. v. Standard Asphalt & Rubber Co.Supreme Court of the United States · 1928
- Sussex Land & Live Stock Co. v. Midwest Refining Co.Court of Appeals for the Eighth Circuit · 1923
- Barber Asphalt Paving Co. v. Standard Asphalt & Rubber Co.Court of Appeals for the Seventh Circuit · 1926
- Saul v. SaulCourt of Appeals for the D.C. Circuit · 1939
- Kelly v. United StatesCourt of Appeals for the Ninth Circuit · 1936