National Metropolitan Bank v. Lincoln

D.C. Circuit

National Metropolitan Bank v. Lincoln

37 D.C. App. 254

CourtCourt of Appeals for the D.C. Circuit

DecidedMay 1, 1911

DocketNo. 2270

StatusPublished

This text of 37 D.C. App. 254 (National Metropolitan Bank v. Lincoln) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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National Metropolitan Bank v. Lincoln, 37 D.C. App. 254 (D.C. Cir. 1911).

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Opinion

Mr. Justice Van Orsdel

delivered the opinion of the Court r

This case was here on a former appeal. 35 App. D. C, 363, 30 L.R.A. (N.S.) 1215. Eor a review of the facts, reference is^ made to the opinion filed therein. The present appeal is from a judgment entered in 'favor of the appellee upon motion of his counsel for the dismissal of appellant’s intervening petition, and for judgment upon the mandate of this court.

It does not appear from the record that appellant offered to [255]*255produce additional evidence necessitating a new trial, or that any objection was interposed to the entry of judgment upon, the mandate, or exception taken to the action of the court in. granting the motion. In the absence of any exception properly appearing in the record, there is nothing presented for this, court to review. Young v. Martin, 8 Wall. 354, 19 L. ed. 418.

The judgment of the court below is affirmed, with costs, and. it is so ordered. Affirmed.

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