Burbank v. Bigelow

Citations

• 154 U.S. 558
• 14 S. Ct. 1163
• 19 L. Ed. 51
• 1869 U.S. LEXIS 1087

Syllabus

<p>After a cause is at issue, and on the day when it is set for trial before a jury, it is too late to take a peremptory exception that a partner with plaintiff in the transaction sued on is not a party plaintiff.</p> <p>An objection in an action at law that the matter of plaintiff’s demand is one of equitable cognizance in Federal courts cannot be taken for the first time in this oourt.</p>