Patterson Oil Co. v. Brodhead
This text of 2 F.2d 598 (Patterson Oil Co. v. Brodhead) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
What is relied on as the ground for reversing - the judgment in this case is the action of the court in overruling a motion for a continuance made by the plaintiff in error, tho defendant below. The record contains no bill of exceptions. Without a bill of exceptions, the motion for a continuance and the court’s ruling thereon are not properly presented for consideration by an appellate court.
Furthermore, the record before us does not in any way indicate that the facts alleged in the motion as grounds for a continuance were admitted or proved. For aught that in any way is disclosed, the ruling complained of may have resulted from a finding of the nonexistence of the facts alleged on the motion. The record shows no error.
The judgment is affirmed.
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Cite This Page — Counsel Stack
2 F.2d 598, 1924 U.S. App. LEXIS 2128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-oil-co-v-brodhead-ca5-1924.