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Spalding v. Manasse

Spalding v. Manasse; Same v. Same; Same v. Vanacker; Same v. Same; Same v. Yanada; Same v. Farwell; Same v. Cohn

Spalding v. Manasse, 131 U.S. 65 (1889)
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Court
Supreme Court of the United States
Decided
May 13, 1889
Docket
Nos. 278, 279, 280, 281, 282, 284, 285
Judges
Fuller
Citations
131 U.S. 659 S. Ct. 64933 L. Ed. 861889 U.S. LEXIS 1803
Cited by 16
Syllabus
No error can he examined in the rulings of the court at the trial of a cause by the court without a jury by agreement of parties, if there is no alle- • gation in the record that the stipulation was in writing, as required by the statute. Bond v. Dustin, 112 U. S. 604, and Dundee Mortgage Co. v. Hughes, 124 U. S. 157, followed.
Summary
EEROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. These were suits against a collector of customs to recover back duties paid under protest. Judgment in each case for plaintiff, to which defendant sued out a writ of error. The case is stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Eullee

Me. Chief Justice Eullee delivered the opinion of the court.

*66 All of these cases were tried by the court without a. jury, by agreement of the parties, as alleged in the record; but therq is no allegation that the stipulation was in writing, as required by the statute; and, under the ruling in Bond v. Dustin, 112 U. S. 604 , and Dundee Mortgage Company v. Hughes, 124 U. S. 157 , no error can be examined in the rulings of the court at the trial. Ve can only inquire whether the declarations were respectively sufficient to sustain the judgments. As there appears to be no érror in this regard, the judgments are severally Affirmed..

How later courts describe this case

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

Cited by 16 cases

View all citing references →
1895: 11896: 11903: 11904: 11917: 11922: 21924: 11925: 11926: 21931: 11933: 11934: 11980: 11991: 118952026peak 1922 · 2

Relies on it most ⓘ

  1. White v. United States48 F.2d 178 (10th Cir. 1931)
  2. Twist v. Prairie Oil & Gas Co.6 F.2d 347 (8th Cir. 1925)
  3. National City Bank v. Kimball Commercial & Savings Bank2 F.2d 461 (8th Cir. 1924)
  4. Graver Corp. v. Hercules Gasoline Co.16 F.2d 459 (9th Cir. 1926)
  5. Desha County v. Crocker First Nat. Bank72 F.2d 359 (8th Cir. 1934)
  6. James-Dickinson Farm Mortgage Co. v. Seimer12 F.2d 772 (7th Cir. 1926)

Most recent

  1. Prince v. Willocks26 V.I. 99 (1991)
  2. Richard J. Davis v. Knud-Hansen Memorial Hospital, Government of the Virgin Islands, and Curtis r.coulam, M.D.635 F.2d 179 (3d Cir. 1980)
  3. Desha County v. Crocker First Nat. Bank72 F.2d 359 (8th Cir. 1934)
  4. Manzo v. United States66 F.2d 579 (8th Cir. 1933)
  5. White v. United States48 F.2d 178 (10th Cir. 1931)
  6. Graver Corp. v. Hercules Gasoline Co.16 F.2d 459 (9th Cir. 1926)

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 2

DepthCaseCited by
Bond v. Dustin, 112 U.S. 604 (1884) 105
Dundee Mortg. & Trust Inv. Co. v. Hughes, 124 U.S. 157 (1888) 25

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