St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-11-15
APPELLATE DECISIONS.
Judges Caldwell, Sanborn and
Shiras Rule on Numerous
Legal Points.
The Gases Acted on Include a
I'D Wide Range of Knotty
Litigation.

Judges Henry G. Caldwell, Walter ii.
Sanborn and Oliver i. Shiras sat on the
bench of the United States circuit court
of appeals yesterday and disposed OF
considerable amount of business. Opin-
ions were handed down as follows:
Burnham. Hanna, Munger & Co. VS..
First National Bank of Leoti, Kan.
Opinion by Judge Shiras; case reversed
and remandej to the circuit court of
Kansas with instructions to remand the
case to the state court. This was an
action to replevin goods taken under an
attachment. It's held that the petit
ton for the removal of the cause from
the stale to the federal court was not
made thin the prescribed time, and
the case goes back to the state court.
Thomas d. Price VS.. Theodore Park
hurst ct al. Appeal from the Colorado
United States circuit court; opinion by
Judge Caldwell affirming the court be-
low. This was an action to recover
possession of part Of Puzzle lode mill
ing claim. Error was claimed in the
charge of the Judge in the court below.
1t is held that the rule is well settled
that exceptions to a charge as whole,
when any part of it is good, cannot be
sustained, and the United States circuit
court of appeals has laid down in Rule
10 the same proposition, and further
that the party excepting to charge
must point out distinctly the several
matters of law to which exception is
taken, and those points only shall be in
serted in the bills of exception.
Joseph Badaracco- vs.. l.. Cert & Co.
Error to the United States circuit court
Of New Mexico. Opinion by Judge
Shiras Diminishing the writ of error for
want OF jurisdiction. This was an ac
ton to recover merchandise.
Walter Thomson VS.. Citizens Ma
tional Bank of Fargo. This was a case
where both parties appealed from the
United States circuit court Of North Da-
: kota. Opinion by Judge Sanborn re-
versing the court below and remanding
the case with instructions to award
Thomson perpetual injunction, with
bill IN equity to enjon the Citizens Ma
tional bank from infringing on patent
bank ledger and asking for damages.
Ihe court below dismissed the bill OF
complaint. The patent is applied to the
short leaves i'll bank account books,
which are so ruled that the margins can
be folded back upon themselves and
thus made to disclose q column for the
entry Of balances of accounts on pages
preceding the one TO which these col
uInnS belong III such manner that the
columns thus disclosed would appear on
the pages succeeding those upon which
they appeared when the leaves were
folded. .4
s. Orders were entered in cases as fol-
lows. ard one case was argued and sub
mitted:
Chicago 81 Northwestern Railway
Company, plaintiff in error, VS.. John
Osborne, and Chicago & Northwestern
Railway Company, plaintiff in error,
VS.. Ii. FL. Junod ct al. Error to the
United States circuit court, Southern
district of Iowa. Defendant in error
granted leave to file petition for re-
hearing during the December term,
1892. Mandate stayed until further
order of this court.
Margaret Billings ct AL. appellants,
VS.. Aspen Mining and Smelling Com
pany ct al. Appeal from the United
RADIO. Mandate stayed until decision on
application for eeltiorari in supreme
court of the United States.
James A. Bracken, plaintiff in error,
VS.. Union Pacific Railway Company.
Error to United States circuit court of
the District of Nebraska. Continued to
December term by stipulation.
William II. Kellogg ct AL, pla intiff in
error, VS.. Louis G. Clyne. Error to
United States circuit court, District of
Nebraska. Continued to December
term by stipulation.
illinois Central Railway Company,
plaintiff in error, VS.. M. j. Foley ct al,
administrators. Error to United States
Circuit court, northern district of Iowa.
Submitted on briefs to Judges Caldwell
and SanbOrn.
United States, appellant, vs.. Frank L.
Davis. Appeal from United States cir
cult court, Eastern district of Missouri
Continued to December term by stipula-
ton.
Ferdinand Estes. appellant, ,1vs.
Charles l.. Bucki. Appeal from United
States circuit court Eastern district of
Arkansas. Continued to December term
by stipulation.
Chicago, Milwaukee & st. Paul Rail-
way Railway Company, plaintiff in
error, VS.. Frank Macarthur ct al. Error
to United States circuit court, district
of Minnesota. Argued and submitted.
FL. II. Field. of Chicago, and William
Gale appeared for the railroad company.
Frank b. Kellogg for the defendants in
error. This was a personal injury case
in which verdict of IS, 600 was rendered
in the court below.