Burbank v. Bigelow
154 U.S. 558 (1869)

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U.S. Supreme Court

Burbank v. Bigelow, 154 U.S. 558 (1869)

Burbank v. Bigelow

No. 36

Argued and submitted March 26, 1868

Decided January 11, 1869

154 U.S. 558

Syllabus

After a cause is at issue, and on the day when it is set for trial before a jury, it is too late to take a peremptory exception that a partner with plaintiff in the transaction sued on is not a party plaintiff.

An objection in an action at law that the matter of plaintiff's demand is one of equitable cognizance in federal courts cannot be taken for the first time in this Court.

The case is stated in the opinion.

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