United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 44

United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ... questions of law to be revised, and put the facts on the record for the information of the appellate tribunal; and if he omits to do so in any of the methods known to the practice of such courts, he must be content to abide the consequences of his own neglect. Evidence, whether written or oral, and whether given to the court or to the jury, does not become a part of the record, unless made so by some regular proceeding at the time of the trial and before the rendition of the judgment. VVhatever the error may be, and in whatever stage of the cause it may have occurred, it must appear in the record, else it cannot be revised in a court of error exercising jurisdiction according to the course of the common law. See also Po1n.ero_1/8 Lessee v. T he State Bank of Imliana, 1 Wall. 592, 4:00, Baltimore and Potomac Railroad Company v. Trustees of Sizrth Presbyterian U/ml/rck, 91 U. S. 127, 130, Redfield v. vo1.. xLIv--28 Syllabus. Ystalyfera Iron Compa/ny, 110 U. S. 174, England v. Gebhardt, 112 U. S. 502, Eva/ns v. Stettnisch, 149 U. S. 605, D-ietz v. Lymer, 19 U. S. App. 663, and Mutual Life Insuraiwe Company of New York v. Conoley, 25 U. S. App. 86. The fact that the papers not in the judgment roll are in the transcript and certified to by the clerk does not make them any part of the record on appeal. England v. Gebhardt, supra, You/ng v. Jllartin, 8 Wall. 354; Sire v. Ellithorpe Air Brake 00., 137 U. s. 579. The transcript of record in this case was prepared in utter disregard of the provisions of the United States statutes in relation to writs of error in cases tried before the court without a jury. There is no assignment of error properly before the court for review. For the reasons herein stated, the judgment of the Circuit APPEAL FROM THE..show more

Product details

  • Paperback | 340 pages
  • 189 x 246 x 18mm | 608g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236803760
  • 9781236803764