United States Supreme Court Cases & Opinions

U.S. Supreme Court

George A. Ohl & Co. v. A. L. Smith Iron Works, 288 U.S. 170 (1933)

George A. Ohl & Co. v. A. L. Smith Iron Works

No. 228 and 229

Argued December 16, 1932

Decided February 6, 1933

288 U.S. 170

Syllabus

1. Under R.S., § 953, which provide that a bill of exception shall be deemed sufficiently authenticated if "signed" by the judge,

Page 288 U. S. 171

signature by his initials only is not a nullity, and the irregularity may be disregarded or cured by amendment, under R.S., § 954, 28 U.S.C. 777 and 391, after expiration of the term. P. 288 U. S. 174.

2. Held that there was no occasion in this case to send the bill back for amendment, there being no doubt that it was the judge who signed his initials, for the purpose of authentication, and no one having been misled or injured. P. 288 U. S. 177.

57 F.2d 44 reversed.

Certiorari, 287 U.S. 586, to review judgments of the Circuit Court of Appeals which affirmed the judgments of the District Court solely upon the ground that the bills of exceptions had not been properly authenticated and that it was too late to send them back for amendment.