UNITED STATES

v.

SPICER

Citator

Cited By

• Overby v. Gordon, 177 U.S. 214 (U.S. 1900)
  …rem be decisive as regards the reason upon which the judge of the probate court had gone ? I cannot think that it would be.” In Blackburn v. Crawford's Lessee, 3 Wall. 175, and a continuation of the same action under the title of Kearney v. Benn, (15 Wall. 51,) the sole question at issue in the action (ejectment) was the validity of an asserted marriage. At the trial the defendant offered in evidence, as a conclusive estoppel against all the lessors of the plaintiff and as prima facie evidence to support…
• England v. Gebhardt, 112 U.S. 502 (U.S. 1884)
  …amson, 20 How. 427; Baltimore & Potomac Railroad Co. v. Trustees Sixth Presoyterian Church, 91 U. S. 127, 130. That this rule is applicable to the class of cases to which that now under consideration belongs was expressly decided in Kearney v. Denn, 15 Wall. 51, 56. The record in the case contains nothing of the kind. The affidavits, copies of which appear in the transcript, form no part of the record proper. The mere fact that a paper is found among the files in a cause does not of itself make it a part…
• Nolan v. United States, 75 F.2d 65 (8th Cir. 1935)
  …not be presumed, but must be affirmatively and clearly established by appellant. Mercantile Trust Co. v, Hensey, 205 U. S. 298, 306, 27 S. Ct. 535, 51 L. Ed. 811, 10 Ann. Cas. 572; Loring v. Frue, 104 U. S. 223, 224, 26 L. Ed. 713; Kearney v. Denn, 15 Wall. 51, 56, 21 L. Ed. 41; Miller v. United States, 11. Wall. 268, 299, 300, 20 L. Ed. 135; Rector v. United States, 20 F.(2d) 845, 859 (C. C. A. 8); Bankers’ Trust Co. v. M., K. & T. Ry. Co., 251 F. 789, 798 (C. C. A. 8). The third is that the appellate…

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