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Vincent v. United States

Vincent v. United States, 37 F.2d 824 (D.C. Cir. 1930)
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Court
Court of Appeals for the D.C. Circuit · U.S. Courts of Appeals
Decided
January 6, 1930
Docket
No. 4957
Judges
Robb
Citations
37 F.2d 82459 App. D.C. 1941930 U.S. App. LEXIS 2644

Opinion of the Court — Robb

Text extracted by OCR from a scanned original; check the original for exact wording.

ROBB, Associate Justice.

Appeal from a judgment in the Supreme Court of the District.

The suit was on a policy of war risk insurance. To appellant’s declaration, two pleas, were filed: First, the statute of limitations; second, denial that appellant was permanently and totally disabled. Appellant joined issue on these pleas. Testimony was taken and trial had, resulting in a verdict for the defendant.- Motion for. a new trial was overruled, and judgment entered on the verdiet.

No bill of exceptions was taken. The record before us does not contain the evidence adduced at the trial, the charge of the court, nor disclose that any exceptions were taken.

[I] In the absence of any exception properly appearing in the record, nothing is presented for this court to review. National Metropolitan Bank v. Lincoln, 37 App. D. C. 254; Fletcher v. Fletcher, 43 App. D. C. 180.

The wisdom of this rule is made manifest in this case. Appellant now contends that his right was prejudiced by the plea of the statute of limitations, and that it was error on the part of the court below not to strike it. No motion to strike was made. On the contrary, the record recites that appellant joined issue “upon the pleas of the defendant, and each of them.” Having gone to trial on the issues raised by these pleas, appeUant is not now in a position to challenge their form, or sufficiency. Moreover, in the absence of a bill of exceptions, we must assume that, if the issue of the statute of limitations became inapplicable, the court so charged the jury.

The judgment is affirmed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1935: 119352026peak 1935 · 1

Relies on it most ⓘ

  1. Vincent v. United States76 F.2d 428 (D.C. Cir. 1935)

Most recent

  1. Vincent v. United States76 F.2d 428 (D.C. Cir. 1935)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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