Legal Opinion

Moore v. Simonds

Supreme Court of the United States

Decided December 15, 1879PublishedCited by 15 opinions

Appeal from the Circuit Court of the United States for the District of Louisiana. Motion to dismiss the appeal and to affirm the decree below. The facts are stated in- the opinion of the court.

1Opinion of the CourtChief Justice Waite

Technically, this appeal should have been taken in the names of the individual members of the commercial firm of John T. Moore & Co., instead of, in the name of the firm, and-because of such an irregularity an appeal was dismissed in the case of The Protector, 11 Wall. 82. That case was decided. before the act of June 1, 1872 (17 Stat. 197, sect. 3, now sect. 1005, Rev. Stat.), allowing amendments of writs of error in certain cases, and it does not appear that the defect could have been remedied by reference to any thing in the appeal papers. Here, however, sect. 1005 was in force when the…

2Cases cited1 opinion

  1. The ProtectorSupreme Court of the United States · 1871

3Cited by15 opinions

  1. Estis v. TrabueSupreme Court of the United States · 1888
  2. The Mary B. CurtisCourt of Appeals for the Fifth Circuit · 1918
  3. Walton v. Marietta Chair Co.Supreme Court of the United States · 1895
  4. McDaniel v. StroudCourt of Appeals for the Fourth Circuit · 1901
  5. Marshall v. AndersonSupreme Court of Kansas · 1950

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