Download or read book United States Circuit Courts of Appeals Reports, Vol. 128 written by United States Circuit Courts of Appeals and published by Forgotten Books. This book was released on 2018-02-14 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from United States Circuit Courts of Appeals Reports, Vol. 128: With Annotations Per curiam. Motions recently decided and others now pend ing involving these rules justify a formal statement of our conclusions. Rule 75 fixes no time within which the statement of evidence must be settled and filed in order to become a part of the record for the purposes of the appeal. Undoubtedly, the better practice is to com plete this step before claiming, or, at least, before perfecting the ap peal, and if the term expires before the final statement of evidence is filed, to enter an order carrying this matter into the next term; but where appeals are required within thirty days, or even within ten days, the time may be wholly insufficient to perfect the record in this respect, and the expiration of the term may very commonly be for gotten, particularly as it has never been a matter of importance in equity appeals. It is said that the completing of this statement of evidence corresponds to the settling of a bill of exceptions at law, and the familiar rule is invoked that a purported bill of exceptions which was not settled within the trial term or pursuant to a reserva tion during the trial term is a nullity and will be stricken from the record. We are not satisfied that the analogy is close enough to justify the incorporation of this harsh rule into the practice pursuant to rule 75, which must have been adopted with due consideration of the existing practice by which appeals were claimed and perfected regardless of the expiration of terms; and we conclude that the trial court has power to approve and direct the filing of the statement of evidence, although the term has expired when the decree was ren dered, and although no order was entered carrying the subject-matter over until the next term. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.