Seymour v. White County

CourtU.S. Court of Appeals — Seventh Circuit
CitationSeymour v. White County, 92 F. 115 (7th Cir. 1899)
Decision Date13 February 1899
PartiesSEYMOUR v. WHITE COUNTY.

Wm. E Church and Geo. A. Sanders, for petitioneAT J. M. Hamill and J. R. Williams, opposed.

Before WOODS, JENKINS, and SHOWALTER, Circuit Judges.

PER CURIAM.

This is a petition to this court for leave to file in the circuit court of the United States for the Southern district of Illinois a bill, in the nature of a bill of review, to obtain a new trial or reconsideration of the case of the petitioner against the county of White, in the state of Illinois wherein the judgment rendered in favor of defendant was affirmed by this court, as shown by our opinion in Seymour v. White Co., 34 U.S.App. 658, 20 C.C.A 402, and 74 F. 207. For the necessity of obtaining such leave reference is made to Bank v. Taylor, 9 U.S.App. 406 4 C.C.A. 55, and 53 F. 854, in which Southard v Russell, 16 How. 547, 570, and Kingsbury v Buckner, 134 U.S. 650, 671, 10 Sup.Ct. 638, and other cases, are cited. A copy of the bill which it is proposed to file accompanies the petition, but, without consideration of its merits, it is deemed the better practice, unless for special reason to the contrary, to grant the petition as of course. To the extent, therefore, that the leave of this court is necessary and may be granted, it is...

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6 cases
  • Jensen v. New York Life Ins. Co.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • May 9, 1931
    ...also, Woodward v. Boston, etc., Co., 63 F. 609 (C. C. A. 1); Hazeltine Corp. v. Wildermuth, 35 F.(2d) 733 (C. C. A. 2); Seymour v. White County, 92 F. 115 (C. C. A. 7). Or we might reverse the decree and remand the cause to the district court for further pleadings and proceedings. This was ......
  • Pittsburgh, C., C. & St. L. Ry. Co. v. Keokuk & H. Bridge Co.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • April 9, 1901
    ...Buckner, 134 U.S. 650, 671, 10 Sup.Ct. 638, 33 L.Ed. 1047; Bank v. Taylor, 9 U.S.App. 406, 447, 4 C.C.A. 55, 53 F. 854; Seymour v. White Co., 34 C.C.A. 240, 92 F. 115. As bill for relief on the ground of fraud in the obtaining of the decrees it is upon its face insufficient, and its defects......
  • Godfrey v. Camp
    • United States
    • Washington Supreme Court
    • April 16, 1917
    ...file such bill is, under the better practice, granted as a matter of right, unless there are special reasons to the contrary. Seymour v. White County, 92 F. 115, 34 C. A. 240. If the petition is sufficient--within the rule that the new matter has come to the knowledge of the petitioner for ......
  • Stone v. Sewer Improvement District No. 1, City of Fayetteville
    • United States
    • Arkansas Supreme Court
    • March 17, 1913
    ... ... is ruled in this particular by the recent case of Board ... of Directors of Crawford County Levee District v ... Dunbar, 107 Ark. 285, 155 S.W. 96, where the court, ... speaking through ... ...
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