Green County v. Thomas’ Executor, 211 U.S. 598 (1909)
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Green County v. Thomas’ Executor, 211 U.S. 598 (1909)
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Green County v. Thomas’ Executor No. 352 Argued December 18, 1908 Decided January 4, 1909 211 U.S. 598
CERTIORARI TO THE UNITED STATES CIRCUIT
COURT OF APPEALS FOR THE SIXTH CIRCUIT
Syllabus
Green County v. Quinlan, ante, p. 582, followed as to the liability of a county on bonds issued for railroad assistance.
Where a technical mistake in the petition for writ of error is the result of accident, the Court is justified in allowing an amendment and denying a motion to dismiss.
Looseness of practice should not be encouraged, and while an appellate court should not enter final judgment for appellant without protecting the rights of the appellee, it is not bound to take notice of questions not set forth in the record, nor raised in the assignments of error, or where the appellant did not save his rights in the court below.
A finding that the plaintiffs below are bona fide holders of bonds and entitled to sue in the circuit court amounts to a finding that the plaintiffs are joint owners, and is sufficient to support jurisdiction if the aggregate amount exceeds $2,000.
If the defendant obligor owed the amount to the plaintiff at the commencement of the action, it is not interested in the division of the verdict.
This Court will not open the way to the raising of technical questions, and a plaintiff in error is only entitled to a decision on questions properly brought to its attention.
146 F. 969 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Green County v. Thomas’ Executor, 211 U.S. 598 (1909) in 211 U.S. 598 211 U.S. 599. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=3QV3TG7B29F61WQ.
MLA: U.S. Supreme Court. "Syllabus." Green County v. Thomas’ Executor, 211 U.S. 598 (1909), in 211 U.S. 598, page 211 U.S. 599. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3QV3TG7B29F61WQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Green County v. Thomas’ Executor, 211 U.S. 598 (1909). cited in 1909, 211 U.S. 598, pp.211 U.S. 599. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=3QV3TG7B29F61WQ.
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