Smith v. Hopkins
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois. . This is a suit to recover damages for the death of the intestate of the plaintiff in error, and a review is sought* of the judgment below, entered upon a verdict directed by the court.
Read the full summary
In Error to the Circuit Court of the United States for the Southern District of Illinois. . This is a suit to recover damages for the death of the intestate of the plaintiff in error, and a review is sought* of the judgment below, entered upon a verdict directed by the court. In the year 1890 the railway company, prior to the receivership, leased several acres of land situated upon the north side of the Mackinaw river, in Tazewell county, Ill., cleared the land, and fitted the same for a pleasure resort, building dining and dancing halls, cottages, and stands, and sought to induce the public…
1Opinion of the Court
JENKINS, Circuit Judge.
The first, second, and third assignments of error are to the effect that the judgment is contrary to law; that it is contrary to the evidence; that it is contrary to the preponderance of evidence. These assignments are unavailing under the rule (rule 11; 31 C. C. A. cxlvi, 90 Fed. cxlvi) that “an assignment of errors shall set out separately and particularly each error asserted and intended to be urged.”
The first assignment does not specify wherein the judgment was contrary to law, nor do the second and third assignments specify— assuming that we may review the evidence…
2Cases cited5 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Van Stone v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Grape Creek Coal Co. v. Farmers' Loan & Trust Co.Court of Appeals for the Seventh Circuit · 1894
- Atchison, T. & S. F. R. v. MulliganCourt of Appeals for the Seventh Circuit · 1895
- United States ex rel. Coquard v. Indian Grave Drainage Dist.Court of Appeals for the Seventh Circuit · 1898
3Cited by19 opinions
- Savage v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- Lahman v. Burnes Nat. BankCourt of Appeals for the Eighth Circuit · 1927
- Toledo, St. L. & W. R. v. HoweCourt of Appeals for the Sixth Circuit · 1911
- Tetzke v. Trust No. 2988 of Foreman Trust & Sav. BankCourt of Appeals for the Seventh Circuit · 1936
- United States v. ShingleCourt of Appeals for the Ninth Circuit · 1937
14 more not listed; retrieve them via the Exa API.