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42 F.2d 451

Docket No. 4359.

Grillo v. United States

Third Circuit Court of Appeals

Decided July 11, 1930.

Third Circuit Court of Appeals · decided 1930-07-11

2 counsel of record

Relies on Suydam v. Williamson · Fraina v. United States · Insurance Company v. Lanier

Opinion by (per_curiam) · Decided 1930-07-11

¶1E. T. Adair, of Pittsburgh, Pa., for appellant.

¶2Louis E. Graham, U. S. Atty., of Beaver, Pa., and Raymond D. Evans, Asst. U. S. Atty., of Pittsburgh, Pa.

¶3• Before BUFFINGTON and DAVIS, Circuit Judges, and THOMSON, District Judge.

¶4PER CURIAM.

¶5Without entering into details of this ease, it suffices to say the record fails to show that any exception was taken at the trial raising the alleged error now sought to be reviewed. Moreover, the trial judge refused to certify that such exception was taken. There is no allegation that there was anything arbitrary done by the judge. Under the authorities, Suydam v. Williamson, 29 How. 427, 15 L. Ed. 978; Fraina v. U. S., 255 F. 28 (C. C. A. 2d); Allemanni v. U. S. (C. C. A.) 273 F. 523; Phoenix Insurance Co. v. Lanier, 95 U. S. 171, 24 L. Ed. 383, we decline to review sueh alleged errors, and are constrained to affirm the judgment below.

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