DALHOVER
v.
UNITED STATES

U.S. | 1938-10-17
No. 128
305 U.S. 632 Supreme Court of the United States (1938) Positive Treatment
Cited by 3 cases

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  • Adron P. Brainerd v. Beal, 498 F.2d 901 (7th Cir. 1974)
    …of record in my office on the dates designated in the List of Documents . . . . ” (Emphasis added.) Furthermore, the district court’s docket cannot be impeached by affidavit. Wall v. United States, 97 F. 2d 672 (10th [*903] Cir. 1938), cert. denied, 305 U.S. 632, 59 S.Ct. 104, 83 L.Ed. 405 (1938). Accordingly, we disregard the affidavits since the practice of permitting an affidavit to change the docket date would create confusion in docketing of judgments. Our holding may appear harsh; yet in Washington v…
  • Moses v. Hudspeth, 129 F.2d 279 (10th Cir. 1942)
    …a jury that the court considered only competent evidence and disregarded that which was incompetent. Jonah v. Armstrong, 10 Cir., 52 F. 2d 343; Elliott v. Gordon, 10 Cir., 70 F. 2d 9; Wall v. United States, 10 Cir., 97 F. 2d 672, certiorari: denied 305 U.S. 632, 59 S.Ct. 104, 83 L.Ed. 405; Hedrick v. Perry, 10 Cir., 102 F. 2d 802; Seber v. Thomas, 10 Cir., 108 F. 2d 856. [*281] Petitioner testified at length, and four other inmates of the penitentiary testified in his behalf. When three of the witnesses to…
  • Nat'l Labor Relations Bd. v. Carpet, 213 F.2d 49 (10th Cir. 1954)
    …appeal that the court considered only competent evidence and disregarded that which was incompetent. Jonah v. Armstrong, 10 Cir., 52 F. 2d 343; Elliott v. Gordon, 10 Cir., 70 F. 2d 9; Wall v. United States, 10 Cir., 97 F. 2d 672, certiorari denied, 305 U.S. 632, 59 S.Ct. 104, 83 L.Ed. 405; Hedrick v. Perry, 10 Cir., 102 F. 2d 802. And that salutary rule has appropriate application in a proceeding before the National Labor Relations Board. Finally, the Union seeks to obviate enforcement of the order of the…

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