Grillo v. United States

Third Circuit

Grillo v. United States

42 F.2d 451, 1930 U.S. App. LEXIS 4311

Court of Appeals for the Third Circuit·Decided July 11, 1930·No. No. 4359·Published

Opinion

PER CURIAM.

Without entering into details of this ease, it suffices to say the record fails to show that any exception was taken at the trial raising the alleged error now sought to be reviewed. Moreover, the trial judge refused to certify that such exception was taken. There is no allegation that there was anything arbitrary done by the judge. Under the authorities, Suydam v. Williamson, 29 How. 427, 15 L. Ed. 978; Fraina v. U. S., 255 F. 28 (C. C. A. 2d); Allemanni v. U. S. (C. C. A.) 273 F. 523; Phoenix Insurance Co. v. Lanier, 95 U. S. 171, 24 L. Ed. 383, we decline to review sueh alleged errors, and are constrained to affirm the judgment below.

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PER CURIAM.

Without entering into details of this ease, it suffices to say the record fails to show that any exception was taken at the trial raising the alleged error now sought to be reviewed. Moreover, the trial judge refused to certify that such exception was taken. There is no allegation that there was anything arbitrary done by the judge. Under the authorities, Suydam v. Williamson, 29 How. 427, 15 L. Ed. 978; Fraina v. U. S., 255 F. 28 (C. C. A. 2d); Allemanni v. U. S. (C. C. A.) 273 F. 523; Phoenix Insurance Co. v. Lanier, 95 U. S. 171, 24 L. Ed. 383, we decline to review sueh alleged errors, and are constrained to affirm the judgment below.

Grillo v. United States, 42 F.2d 451, 1930 U.S. App. LEXIS 4311 (3d Cir. 1930).

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Opinion

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