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GUARDIAN ASSURANCE CO. v. QUINTANA

No. 280.

227 U.S. 100 (1913)

GUARDIAN ASSURANCE COMPANY OF LONDON v. QUINTANA.

Supreme Court of United States.

Decided January 27, 1913.

Attorney(s) appearing for the Case

Mr. C.L. Bouve with whom Mr. Hector H. Scoville was on the brief, for defendant in error, in support of motion to dismiss or affirm.

Mr. Frederic D. McKenney, with whom Mr. J. Spalding Flannery and Mr. William Hitz were on the brief, for plaintiff in error, in opposition thereto.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

In 1911 defendant in error moved under Rule 9 to docket and dismiss the writ of error for failure to file the record. Plaintiff in error opposed because a bill of exceptions was yet unsettled in the hands of the court below, and the motion was, on April 3, 1911, denied "without prejudice to a renewal of same if case is not docketed within a reasonable time after the bill of exceptions is settled." Shortly...

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