Legal Opinion

Fowler v. Gowing

Court of Appeals for the Second Circuit

Decided November 16, 1908No. 45PublishedCited by 13 opinions

In Error to the Circuit Court of the United States for the Northern District of New York.

1Opinion of the Court

WARD, Circuit Judge.

This case, a jury having been waived in writing, was tried by the court. The parties stipulated the facts in 24 articles, which the trial judge adopted with 2 of his own as his findings of fact. Upon these he found six conclusions of law, and directed judgment for the defendant. Rev. St. U. S. §§ 649, 700 (U. S. Comp. St. 1901, pp. 525, 570), do not contemplate separate conclusions of law such as are common in the state practice, and judgment should have been directed on the findings of fact.

The findings of fact establish that the defendant in the year 1890 purchased with…

2Cases cited1 opinion

  1. Lucas v. CoeU.S. Circuit Court for the District of Northern New York · 1898

3Cited by13 opinions

  1. Heiden v. CreminCourt of Appeals for the Eighth Circuit · 1933
  2. Ambrosius v. AmbrosiusCourt of Appeals for the Second Circuit · 1917
  3. McNair v. DarraghCourt of Appeals for the Eighth Circuit · 1929
  4. Riley v. BondiCourt of Appeals for the Eighth Circuit · 1933
  5. Pottorff v. StaffordCourt of Appeals of Texas · 1935

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