Kellogg v. Forsyth - 67 U.S. 571 (1862)


U.S. Supreme Court

Kellogg v. Forsyth, 67 U.S. 2 Black 571 571 (1862)

Kellogg v. Forsyth

67 U.S. (2 Black) 571

Syllabus

1. If an exception be seasonably taken and reserved, it may be drawn out and sealed by the judge afterwards, and the time within which it may be so drawn out and presented to the court must depend on the rules and practice of the court and the judicial discretion of the presiding justice.

2. The doctrine held by this Court in Bryan v. Forsyth, 19 How. 338, Mahan v. Forsyth, 24 How. 175, and Gregg v. Tesson, 1 Black 150, concerning the effect of the saving clause in patents for claims in Peoria reaffirmed.



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