Rose's Notes on the United States Supreme Court Reports (2 Dallas to 241 United States Reports); Showing the Present Value as Authority of All Cases Therein Reported Volume 8
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ... if property is not redelivered in reasonable time, defendant may sue on bond for damages. Right of successful defendant in replevin to refuse to receive back replevied property and bring suit on bond. Note, Ann. Cas. 1913E, 1162. Duty to preserve and return property replevied. Note, 69 L. R. A. 288. Elements of damages recoverable on replevin bond. Note, 30 L. R. A. (N. S.) 368. 21 Wall. 105-111, 22 L. Ed. 481, COOPER v. COATES. Admission of incompetent evidence is not ground for reversal where point sought to be proved thereby is sufficiently proved by competent evidence. Approved in Brown v. United States, 142 Fed. 4, 73 C. C. A. 187, applying rule in prosecution for aiding national bank officer in misapplication of bank funds; Missouri etc. Ry. Co. v. Elliott, 102 Fed. 106, 42 C. C. A. 188, applying rule to erroneous admission of evidence of earnings of deceased in action for wrongful death; Missouri etc. Ry. Co. v. Jones, 32 Okl. 12, 121 Pac. 624, admission of incompetent evidence not prejudicial where fact proved one of common knowledge; Richelieu etc. Nav. Co. v. Boston Marine Ins. Co., 26 Fed. 601, holding admission of incompetent evidence not ground for reversal where appellant was not injured thereby; Reed v. Stapp, 52 Fed. 645, 3 C. C. A. 241, holding admission of immaterial evidence not affecting findings not ground for reversal; Pacific Postal Tel. Cable Co. v. Fleischner, 66 Fed. 905, 14 C. C. A. 166, holding admission of immaterial evidence not affecting judgment no ground for reversal; Robinson v. Parker, 11 App. D. C. 142, arguendo. Modified in Brown v. Cranberry Iron Co., 72 Fed. 102,18 C. C. A. 444, holding it must clearly appear that erroneous admission of testimony did not prejudice appellant's rights. Account rendered, no...
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