Evans v. Stettnisch
Citations
- 149 U.S. 605
- 13 S. Ct. 931
- 37 L. Ed. 866
- 1893 U.S. LEXIS 2330
Syllabus
<p>An affidavit made by one of plaintiff’s attorneys, he havinfe been represented in the progress of the case by two, for use on a motion for a new trial setting forth that an order of continuance had been vacated and the case-set down for trial in his absence and without notiffe either to plaintiff oraffiant, whereby plaintiff was prevented from presenting his evidence to-the jury and deprived of a fair trial, cannot be considered in this court, on writ of error, because: (1) Such affidavit is no portion of the record,. — it not having been incorporated in a bill of exceptions; (2) There is< nothing to show that it was the only affidavit bearing upon the point in. the flies of the case; (S) Even if it were shown to have been the only-affidavit it would not be sufficient to overthrow the recitals of the record, that the parties appeared by their attorneys.</p>
Judges: Brewer
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13 cases in this archive cite this case.
- Philipbar v. DerbySecond Circuit· 1936-07-13· cited 19×
- Cassatt v. Mitchell Coal & Coke Co.Third Circuit· 1907-01-02· cited 18×
- F. C. Austin Mfg. Co. v. JohnsonEighth Circuit· 1898-10-03· cited 18×
- In re McCallSixth Circuit· 1906-05-01· cited 16×
- Ana Maria Sugar Co. v. QuinonesFirst Circuit· 1918-06-06· cited 16×
- People v. TielkeIllinois Supreme Court· 1913-06-18· cited 14×
- Ghost v. United StatesEighth Circuit· 1909-03-30· cited 12×
- Zachry v. ZachryNebraska Supreme Court· 1970-03-20· cited 11×
- Hildreth v. GrandinEighth Circuit· 1899-11-06· cited 11×
- Flanagan v. BensonEighth Circuit· 1929-12-31· cited 7×
- Pistillo v. United StatesEighth Circuit· 1928-05-04· cited 6×
- Century Indemnity Co. v. NelsonNinth Circuit· 1938-05-09· cited 1×
- Downing & Co. v. United StatesCustoms and Patent Appeals· 1925-06-03
Cites
1 case in this archive is cited by this case.
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