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United States v. Peuschel

United States Court of Appeals, Ninth Circuit
Apr 28, 1902
116 F. 649 (9th Cir. 1902)

Opinion


116 F. 649 (S.D.Cal. 1902) UNITED STATES v. PEUSCHEL et al. No. 36. United States District Court, S.D. California, Northern Division. April 28, 1902

L. H. Valentine, U.S. Atty.

Hannah & Miller and W. D. Crichton, for defendants.

Page 650.

WELLBORN, District Judge.

In defendants' reply brief, at page 11, appear the following paragraphs:

'Perhaps the court has gathered from what has been said in our briefs already filed in this case and the case of U.S. v. Maid (D.C.) 116 F. infra that our regard for the decisions, rules and regulations of the land department is not unbounded.

'And but for the fact that counsel for plaintiff has again thrust these rules and regulations into this case, we would refrain from saying what every lawyer who has practiced before the land department must know that as a tribunal expounding the law and as a legislative body the land department has been an active, persistent, and lamentable failure.'

While an attorney at law may attack, in suitable terms, any particular action of the land department believed to be prejudicial to his case, general denunciation such as here noted, is disrespectful to a co-ordinate branch of the government, and wholly gratuitous, and therefore transcends the just limits of forensic discussion.

The matter above quoted will be stricken from the brief.


Summaries of

United States v. Peuschel

United States Court of Appeals, Ninth Circuit
Apr 28, 1902
116 F. 649 (9th Cir. 1902)
Case details for

United States v. Peuschel

Case Details

Full title:UNITED STATES v. PEUSCHEL et al.

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 28, 1902

Citations

116 F. 649 (9th Cir. 1902)