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Hunnicutt Vs. Peyton
Cites for this judgment
- US Supreme Court
- Jan 01, 1880
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U.S. 333 (1880) U.S. Supreme Court Hunnicutt v. PeytonSearch
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U.S. 333 (1880) Hunnicutt v. PeytonSearch
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five days is not a rule which controls his action. He may depart from it in order to effectuate justice. Stanton v. EmbreySearch
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at the time it is made, and may be reduced to form within a reasonable time after the trial is over. United States v. BreitlingSearch
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to make up a statement of facts, after the writ of error is issued, upon which the case shall be heard. Generes v. BonnemerSearch
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Am. ed., from the 9th London. For this the Page 102 U. S. 355 author relies on Dillon v. DoeSearch
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the bill of exceptions, when signed, to be tacked to the record as of the time when the record was removed. Taylor v. WillansSearch
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bill not having been returned, the court granted an order for its return. It was argued against the rule (and Dillon v. ParkerSearch
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It is merely putting into form the record statement of what was done before the writ of error was sent down. In Brown v. PageSearch
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most, whether at common law or under the statute, a mere irregularity, which was waived by a joinder in error. Witbeck v. WaineSearch
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was given after the close of the trial, if given during the term. We do not overlook what was said in Walton v. UnitedSearch
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allowing such a period to prepare it. No intimation was given that the signature must be nunc pro tunc. Walton v. UnitedSearch
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States was referred to in Law v. MerrillsSearch
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be a surprise to the profession, and work great wrong to suitors, were we to hold such bills invalid. In Neece v. HaleySearch
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that the bill was good and that the record need not explain the delay. So it was ruled in Illinois Railroad Co. v. PalmerSearch
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immaterial that it was not signed till some days after the trial, and that it spoke in the present tense. In Dean v. GridleySearch
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been signed upon the trial, whether it was so or not. He was speaking of the Supreme Court of Errors. See Hallowell v. HallowellSearch
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Hughes v. RobertsonSearch
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Basquez. But he was more. He was a grantee of all the Basquez right. In this particular, the case is unlike Hanrick v. BartonSearch
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soon as the concession has been made to them, before the land was selected or the title of possession was issued. Ryan v. JacksonSearch
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Clay v. HolbertSearch
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id. 189. In Martin v. ParkerSearch
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coincidently with pointing out the boundaries and generally as part of the res gestae. In Ellicott et al. v. PearlSearch
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must have been made by persons in possession of land and in the act of pointing out their boundaries. Bartlett v. EmersonSearch
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Daggett v. ShawSearch
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Metc. (Mass.) 223. And again, in Long v. ColtonSearch
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the fact that it accompanies and qualifies an act, and is thus a part of the act. A similar ruling was made in Bender v. PitzerSearch
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and the restrictions appear to be the same as those which are recognized elsewhere. The first case is George v. ThomasSearch
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is the leading case to which the later cases refer and upon which they are generally rested. The opinion cites Blythe v. SutherlandSearch
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But they were declarations made while the surveyor was pointing out the line and showing the monuments. Stroud v. SpringfieldSearch
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Tex. 649, goes no farther. The evidence offered in that case was rejected. The court, however, referred to Speer v. CoateSearch
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Texas, though the chain carrier who aided in the survey had actually pointed out a corner. The next case is Welder v. CarrollSearch
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to the source of his information and the time and circumstances under which he acquired it. The next case is Evans v. HurtSearch
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than what appears in 34 Texas. The only other case which we have found or to which we have been referred is Smith v. RussellSearch
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citing Stroud v. SpringfieldSearch
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and Welder v. CarrollSearch
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defendants complain. But we think it was correct. It was in accordance with the doctrine asserted in Clarke's Lessee v. CourtneySearch
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constructive possession of all that was not in the actual adverse possession or occupancy of another. In Altemus v. LongSearch
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U.S. Supreme Court Hunnicutt v. PeytonSearch
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Dillon v. DoeSearch
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Taylor v. WillansSearch
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Dillon v. ParkerSearch
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In Brown v. PageSearch
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Witbeck v. WaineSearch
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Walton v. UnitedSearch
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Law v. MerrillsSearch
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