Schmidt v. Terry

111 F. 290, 1901 U.S. App. LEXIS 4965

Opinion

THOMAS, District Judge.

The entry of judgment herein without an order denying the motion for a new trial was improper practice, and has resulted in the inability, of the trial -judge to sign the bill of exceptions. Unless the parties can correct the error by suitable stipulation, or an order entered nunc pro tunc, the judgment must be vacated.

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Schmidt v. Terry, 111 F. 290, 1901 U.S. App. LEXIS 4965 (circtsdny 1901).

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