Legal Opinion

Aetna Life Ins. v. Township of Lakin

Court of Appeals for the Eighth Circuit

Decided January 29, 1894No. 229PublishedCited by 1 opinion

In Error to the Circuit Court of the United States for the District of Kansas. This is an action on certain coupons detached from municipal bonds, by the Aetna Life Insurance Company against the township of Lakin, in the county of Kearney, state of Kansas. The case was dismissed, on motion, and final judgment rendered for defendant. This ruling of the circuit court is now assigned for error.

1Opinion of the Court

CALDWELL, Circuit Judge.

The record shows that, when this cause was called for trial in the court below, “the plaintiff announced that it was not ready for trial, and could not be ready for trial herein during the present term of this court, and asked permission to dismiss this action, to which the defendant objected for the reason that under the pleadings herein the defendant was entitled to judgment in its favor, which objection of the defendant; was by the court sustained.” The case was thereupon dismissed, and a final judgment rendered in favo/ of the defendant. This ruling of the court…

2Cases cited3 opinions

  1. Schafer v. Weaver & BillSupreme Court of Kansas · 1878
  2. McVey v. BurnsSupreme Court of Kansas · 1875
  3. Amos v. Humboldt Loan Ass'nSupreme Court of Arkansas · 1879

3Cited by1 opinion

  1. Davison v. GibsonCourt of Appeals for the Eighth Circuit · 1896

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