Supreme Court of the United States, 1888

Pacific Postal Telegraph Cable Co. v. O'Connor

Supreme Court of the United States · Decided November 19, 1888 · Fuller

128 U.S. 394; 9 S. Ct. 112; 32 L. Ed. 488; 1888 U.S. LEXIS 2227 (United States Reports)

Counsel

Mr. J>. M. Delmas for the motion., Mr. Andrew Wesley Kent opposing.

Cases that cite this one

13 later published cases cite this decision.

Brady v. Indemnity Ins. Co. of North America (6th Cir. 1933)
Henderson v. Maryland Casualty Co. (5th Cir. 1932)
Woods v. Massachusetts Protective Ass'n (District Court, E.D. Kentucky 1929)
L. & NRR v. Sloss-Sheffield Co. (Supreme Court of the United States 1925)
Louisville & Nashville Railroad v. Sloss-sheffield Steel & Iron Co. (Supreme Court of the United States 1925)
Rivera v. Sun Life Assurance Co. (District Court, D. Puerto Rico 1914)
Dodge v. Corliss (Wash. 1902)
Simms v. Simms (Supreme Court of the United States 1899)
Baltimore & Ohio Railroad v. Griffith (Supreme Court of the United States 1895)
Powers v. Chesapeake & O. Ry. Co. (U.S. Circuit Court for the District of Kentucky 1895)
Northern Pacific Railroad v. Austin (Supreme Court of the United States 1890)
Pacific Express Co. v. Malin (Supreme Court of the United States 1889)
Nussbaum v. Northern Ins. Co. (U.S. Circuit Court for the Southern District of Georgia 1889)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Mr. Chief Justice Fuller

delivered the opinion of the court.

This was an action to recover damages for personal injuries, which resulted, August 29th, 1888, in a. verdict for $5500. Upon the return of the verdict the court directed, as minuted ■ by the - clerk, judgment to be entered thereon. On the 30th day of August the plaintiff below, by his counsel, asked leave , in open court to remit the. sum of $500,- which was granted, and judgment rendered for $5000 and costs, “and-now so appears of record.”

• Subsequently the defendant below moved to set aside the allowance of the remittitur and to correct the judgment, which motion was denied by the court, and defendant ex *395 cepted', and by bill of exceptions brought the court’s direction to the clerk of August 29th into the record, and the fact that, the judgment of August 30th was rendered in the absence of defendant and his counsel.

A writ of error having been subsequently prostecuted to’ reverse the judgment, defendant in. error moves to dismiss'it for want of jurisdiction.

We cannot hold upon this record the action of the Circuit Court to have been in abuse of its discretion, and as the judgment as it stands is for $5000 only, the motion to dismiss must be granted. Ala. Gold Life Ins. Co. v. Nichols, 109 U. S. 232; First Nat. Bank of Omaha v. Redick, 110 U. S. 224; Thompson v. Butler, 95 U. S. 694.

Writ of error dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.