Barber v. Coit

Sixth Circuit

Barber v. Coit

118 F. 272, 14 Ohio F. Dec. 224, 1902 U.S. App. LEXIS 4522

CourtCourt of Appeals for the Sixth Circuit

DecidedOctober 17, 1902

DocketNo. 1,077

StatusPublished

Cited by8 cases

This text of 118 F. 272 (Barber v. Coit) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barber v. Coit, 118 F. 272, 14 Ohio F. Dec. 224, 1902 U.S. App. LEXIS 4522 (6th Cir. 1902).

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Opinion

PER CURIAM.

In this case the court, upon consideration, is of opinion that in order to give due effect to the decree of the circuit court for Portage county, Ohio, in the suit of the First National Bank of Garrettsburg and A. A. Barber, trustee, against Leroy H. Payne et al., the pleadings in that case should be filed, that the decree may be examined in connection therewith. It is therefore ordered that the decree of the district court of the United States be reversed, and the cause remanded to said court, with directions that the cause be remitted to the referee by said court, with directions that he take proof of the pleadings in said Ohio case, and that, upon the record as thus completed, the referee proceed to rehear the matter. This order is made because the case is not properly prepared for decision, and because great injustice may be done ii the cause is to be decided on the present record. The order is made upon our own motion, on authority of Estho v. Lear, 7 Pet. 130, 131, 8 L. Ed. 632, and Illinois Cent. R. Co. v. Illinois, 146 U. S. 387, 13 Sup. Ct. 110, 36 L. Ed. 1018. The costs of this appeal will be divided.

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PER CURIAM.

In this case the court, upon consideration, is of opinion that in order to give due effect to the decree of the circuit court for Portage county, Ohio, in the suit of the First National Bank of Garrettsburg and A. A. Barber, trustee, against Leroy H. Payne et al., the pleadings in that case should be filed, that the decree may be examined in connection therewith. It is therefore ordered that the decree of the district court of the United States be reversed, and the cause remanded to said court, with directions that the cause be remitted to the referee by said court, with directions that he take proof of the pleadings in said Ohio case, and that, upon the record as thus completed, the referee proceed to rehear the matter. This order is made because the case is not properly prepared for decision, and because great injustice may be done ii the cause is to be decided on the present record. The order is made upon our own motion, on authority of Estho v. Lear, 7 Pet. 130, 131, 8 L. Ed. 632, and Illinois Cent. R. Co. v. Illinois, 146 U. S. 387, 13 Sup. Ct. 110, 36 L. Ed. 1018. The costs of this appeal will be divided.

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Bluebook (online)

118 F. 272, 14 Ohio F. Dec. 224, 1902 U.S. App. LEXIS 4522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barber-v-coit-ca6-1902.

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