Carrigan v. The Charles Pitman

U.S. Circuit Court for the District of Eastern Pennsylvania

Carrigan v. The Charles Pitman

5 F. Cas. 149, 1 Wall. Jr. 307, 1849 U.S. App. LEXIS 368

U.S. Circuit Court for the District of Eastern Pennsylvania·Decided April 14, 1849·Published

Opinion

GRIER, Circuit Justice.

The practice at this bar having been for many years to proceed de novo in the testimony. I hardly feel at liberty now to change it; though I have rather grumbled in one or two cases; where parties finding out from the opinion of the district judge where their case pinched, have taken new testimony here to help them out of their difficulty; and have thus presented so different a ease to me, that I have reversed my Brother Kane’s decisions, when they were perfectly right, upon the facts presented to him. But under such circumstances I have allowed no costs to the party succeeding, and generally speaking, should think this rule to be but equitable. Rule allowed.

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GRIER, Circuit Justice.

The practice at this bar having been for many years to proceed de novo in the testimony. I hardly feel at liberty now to change it; though I have rather grumbled in one or two cases; where parties finding out from the opinion of the district judge where their case pinched, have taken new testimony here to help them out of their difficulty; and have thus presented so different a ease to me, that I have reversed my Brother Kane’s decisions, when they were perfectly right, upon the facts presented to him. But under such circumstances I have allowed no costs to the party succeeding, and generally speaking, should think this rule to be but equitable. Rule allowed.

Carrigan v. The Charles Pitman, 5 F. Cas. 149, 1 Wall. Jr. 307, 1849 U.S. App. LEXIS 368 (circtedpa 1849).

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