Imagens da página
PDF
ePub

35. The District Court erred in entering judgment and imposing sentence upon said verdict of guilty on more than one count relating to each shipment referred to in the counts of the indictment submitted to the jury.

36. The District Court erred in pronouncing judgment upon said verdict.

37. The District Court erred in refusing to set aside and vacate said judgment.

Wherefore, the said Elgin, Joliet & Eastern Railway Company prays that the aforesaid judgment may be reversed, etc.

K. K. KNAPP

KNAPP & CAMPBELL

Attorneys for Defendant and Plaintiff in Error.

FORM NO. 38

Order for Writ of Error and Supersedeas.

Elgin, J. & E. Ry. Co. v. United States, 253 Fed. 907 (C. C. A. 7th Cir.).

The United States of America

v.

Elgin, Joliet & Eastern Railway

Company.

And now on this 8th day of February, 1917, comes the Elgin, Joliet & Eastern Railway Company, defendant in the above entitled cause and presents to the court its Petition for a Writ of Error from the United States Circuit Court of Appeals for the Seventh Circuit to the United States District Court for the Northern District of Illinois, Eastern Division and certain assignments of error attached to said petition, and moves the court to grant the prayer of said petition and to allow a writ of error as prayed for.

It is Ordered by the court that said writ of error be and it is hereby allowed and that said Writ of Error shall operate as a supersedeas and that no further proceedings shall be had in this cause in this court until the final determination thereof in the said

United States Circuit Court of Appeals upon the filing and the approval by the court of a bond in the penal sum of twenty-five thousand dollars, with surety thereon.

FORM NO. 39

Supersedeas Bond.

Elgin, J. & E. Ry. Co. v. United States, 253 Fed. 907 (C. C. A. 7th Cir.).

Know All Men by these Presents, That we, Elgin, Joliet and Eastern Railway Company, as principal, and United States Fidelity and Guaranty Company, as sureties, are held and firmly bound unto the United States of America in the full and just sum of Twenty-five Thousand Dollars ($25,000) to be paid to the said United States of America, to which payment, well and truly to be made, we bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 8th day of February in the year of our Lord one thousand nine hundred and Seventeen..

Whereas, lately at a session of the District Court of the United States for the Northern District of Illinois, Eastern Division in a suit pending in said Court, between United States of America, plaintiff, and Elgin, Joliet and Eastern Railway Company, defendant, a judgment was rendered against the said Elgin, Joliet and Eastern Railway Company on the 11th day of November, 1916, in the sum of Twenty Thousand Dollars and costs and the said Elgin, Joliet and Eastern Railway Company having obtained from said Court a writ of error and filed a copy thereof in the Clerk's Office of the said Court to reverse the judgment in the aforesaid suit, and a citation directed to the said United States of America citing and admonishing it to be and appear at the United States Circuit Court of Appeals for the Seventh Circuit, to be holden at Chicago within thirty days from the date hereof.

Now, the condition of the above obligation is such, That if the said Elgin, Joliet and Eastern Railway Company shall prosecute its writ to effect, and shall answer all damages and costs that may be awarded against it if it fail to make its plea good,

then the above obligation to be void; otherwise to remain in full force and virtue.

[blocks in formation]

Elgin, J. & E. Ry. Co. v. United States, 253 Fed. 907 (C. C. A.

[blocks in formation]

The President of the United States, To the Honorable the Judges of the District Court of the United States, for the Northern District of Illinois, Greeting:

Because in the record and proceedings, as also in the rendition of the judgment of a plea which is in the said District Court before you, or some of you, between United States of America and Elgin, Joliet & Eastern Railway Company, a manifest error hath happened, to the great damage of the said Elgin, Joliet & Eastern Railway Company as by its complaint appears. We being willing that error, if any hath been, should be duly corrected and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judgment be therein given, that then under your seal, distinctly and openly, you send the record and proceedings aforesaid, with all things concerning the same, to the United States Circuit Court of Appeals for the Seventh Circuit, together with this writ, so that you have the same in the said United States Circuit Court of Appeals for the Seventh Circuit at Chicago within thirty days from the date hereof, that the record and proceedings aforesaid being inspected, the said United States Circuit Court of Appeals for the Seventh Circuit may cause

further to be done therein to correct that error, what of right and according to the laws and customs of the United States should be done.

Witness the Honorable Edward D. White, Chief Justice of the United States, the 8th day of February in the year of our Lord one thousand nine hundred and seventeen.

(Seal)

Allowed by

K. M. L.

Judge.

T. C. MACMILLAN

Clerk of the District Court of the United
States for the Northern Dist. of Illinois.

GROUP III

NATIONAL BANKING LAWS

No. 41. Indictment for Violation of National Banking Laws.

No. 42. Demurrer to Indictment.

No. 43. Charge to Jury.

No. 44. Defendant's Exceptions to Court's Instructions to the Jury.
No. 45. Instructions to the Jury Requested by the Defendant.

No. 46. Motion for a New Trial.

No. 47. Amendment to Motion for New Trial.

No. 48. Response to Motion for New Trial.

No. 49. Charge to Jury - Conspiracy to Violate National Banking Act.
No. 50. Charge to Jury - Violation of National Banking Act.

FORM NO. 41

Indictment for Violation of National Banking Laws.

Boone v. United States, 257 Fed. 963 (C. C. A. 8th Cir.).

IN THE DISTRICT COURT OF THE UNITED STATES,
WESTERN DISTRICT OF ARKANSAS,

FORT SMITH DIVISION.

The United States of America

v.

P. A. Ball, T. W. M. Boone,

A. S. Dowd, E. M. Dickenson.

The Grand Jury of the United States of America, empaneled and sworn in the District Court of the United States, in and for the Ft. Smith Division of the Western District of Arkansas, at the June Term thereof, 1916, and inquiring for said division and district, upon their oaths present that P. A. Ball, heretofore, to wit, on the sixteenth day of January, 1914, in the division and district aforesaid, the said P. A. Ball being then and there the

« AnteriorContinuar »