173 F.2d 565 | 2d Cir. | 1949
The rules of the Supreme Court have provided for more than a hundred years
We regard our local practice as an almost conclusive gloss upon the rule; nor can we see that it makes any difference whether the error was one of the court or not, provided it is the appellee who has induced the court to make it; for, as between him and the appellant, justice demands that he, who has been the cause of the expense, shall pay for it. It is never wise to lay down a draconic rule, and conceivably there may be situations in which the appellee has been as much the victim of the court as the appellant; but they will be exceedingly rare. At any rate, the case at bar is not one of these. It is true that the judge prepared his own findings, but there was nothing in the record to support a finding that Horton intended to give part of the shares to his wife before Broffe had committed himself to the sale.
Petition denied.
Bradstreet v. Potter, 16 Pet. 317, 10 L.Ed. 978.
Land Oberoesterreich v. Gude, 2 Cir., 93 F.2d 292; Berthold v. Burton, C.C., 169 F. 495 (Lacombe, .T.); Jennings v. Burton, C.C., 177 F. 603 (Lacombe, J.).
Bailey v. Mississippi Home Telephone Co., D.C., 254 F. 358.
Fed.Cas.No.14,555.