Green County v. Thomas' Executor
211 U.S. 598 (1909)

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U.S. Supreme Court

Green County v. Thomas' Executor, 211 U.S. 598 (1909)

Green County v. Thomas' Executor

No. 352

Argued December 18, 1908

Decided January 4, 1909

211 U.S. 598

Syllabus

Green County v. Quinlan, ante, p. 211 U. S. 582, followed as to the liability of a county on bonds issued for railroad assistance.

Where a technical mistake in the petition for writ of error is the result of accident, the Court is justified in allowing an amendment and denying a motion to dismiss.

Looseness of practice should not be encouraged, and while an appellate court should not enter final judgment for appellant without protecting the rights of the appellee, it is not bound to take notice of questions not set forth in the record, nor raised in the assignments of error, or where the appellant did not save his rights in the court below.

A finding that the plaintiffs below are bona fide holders of bonds and entitled to sue in the circuit court amounts to a finding that the plaintiffs are joint owners, and is sufficient to support jurisdiction if the aggregate amount exceeds $2,000.

If the defendant obligor owed the amount to the plaintiff at the commencement of the action, it is not interested in the division of the verdict.

Page 211 U. S. 599

This Court will not open the way to the raising of technical questions, and a plaintiff in error is only entitled to a decision on questions properly brought to its attention.

146 F. 969 affirmed.

The facts are stated in the opinion.

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