Legal Opinion
National Surety Co. v. United States
Court of Appeals for the Ninth Circuit
Decided October 29, 1928No. 5496-5498, 5539, 5540. No. 5496PublishedCited by 18 opinions
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). Plaintiff’s general demurrer struck at the whole answer. Therefore, when the court sustained it, defendant, by standing upon its answer, could offer no evidence, and it made no attempt to do so. But the court went ahead, and after permitting plaintiff to introduce the bond in evidence, and after stating that the court took notice of the former journal entry of forfeiture, rendered judgment against the defendant. With the ease in that situation, the question for decision by this court is whether the averments of the answer presented a defense to the writ.…
2Cases cited26 opinions
- Southern Surety Co. of Des Moines v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Moody v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1910
- Hollister v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- United States v. ZarafonitisCourt of Appeals for the Fifth Circuit · 1907
- United States v. DunbarCourt of Appeals for the Ninth Circuit · 1897
21 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Funk v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1947
- A. G. Reeves Steel Const. Co. v. WeissCourt of Appeals for the Sixth Circuit · 1941
- Divide Creek Irr. Dist. v. HollingsworthCourt of Appeals for the Tenth Circuit · 1934
- United States v. Thomas Miller, Resolute Insurance CompanyCourt of Appeals for the Fifth Circuit · 1976
- Guam Investment Company, Inc. v. Central Building, Inc.Court of Appeals for the Ninth Circuit · 1961
13 more not listed; retrieve them via the Exa API.