PUTNAM v. DAY


89 U.S. 60 (____)

22 Wall. 60

PUTNAM v. DAY.

Supreme Court of United States.


Attorney(s) appearing for the Case

Messrs. S. Burke and J.A. Garfield, for the appellants, Putnam et al.; Mr. M.C. Kerr, contra.


Mr. Justice BRADLEY delivered the opinion of the court.

The complainant in the bill filed below failed utterly, we think, to make out a case of fraud, mistake, or want of authority on the part of his solicitors and counsel in filing the pleadings in the original suit, and taking the ground they did on his behalf. Of course fraud is not charged; but the complainant relied on the fact that he never saw the answer or cross-bill, and did not know their contents. This...

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