Legal Opinion · Dissent

Fellman v. Royal Ins.

Court of Appeals for the Fifth Circuit

Decided February 21, 1911No. 2,003Published

On petition for rehearing.

1DissentShelby, Circuit Judge

I think the rehearing should be granted. The judgment of the Circuit Court does not refer to the “additional statement of fact,” nor does the record show when it was written, or that it was fded in the lower court, either before or after the judgment was entered. The judgment refers to a note of evidence, which includes many documents and an “agreement for submission to arbitration”; but there is no reference to the “additional statement of fact” as having been submitted to the court, either before or after judgment. If we assume that the paper was on file in the court below, it is no part of…

2Cases cited4 opinions

  1. England v. GebhardtSupreme Court of the United States · 1884
  2. Bijou Co. v. LehmannSupreme Court of Louisiana · 1907
  3. State ex rel. Negrotto v. Judges of the Court of AppealsSupreme Court of Louisiana · 1893
  4. Lang v. KimballSupreme Court of Louisiana · 1840

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