N.O. & N.E. RAILROAD CO. v. JOPES

No. 104.

142 U.S. 18 (1891)

NEW ORLEANS AND NORTHEASTERN RAILROAD COMPANY v. JOPES.

Supreme Court of United States.

Decided December 7, 1891.


Attorney(s) appearing for the Case

Mr. Edward Colston (with whom was Mr. John W. Fewell on the brief) for plaintiff in error.

Mr. Calderon Carlisle for defendant in error. (Mr. Marcellus Green and Mr. S.S. Calhoon filed a brief for same.)


MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

A preliminary question is raised by counsel for the defendant in error. It is insisted that the bill of exceptions does not show that this exception was taken at the trial, and while the jury was at the bar, and therefore not in time. In support of this contention several authorities are cited. While it is doubtless true that if the exception was...

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