Kehaya v. Axton

WOOLSEY, District Judge.

I refuse to include in the conclusions of law the thirteenth conclusion of law proposed by the plaintiff, and have stricken it out.

The findings of fact and the other conclusions of law proposed I have signed and am filing with certain corrections and additions.

I. In my memorandum opinion filed March 15, 1940, D.C., 32 F.Supp. 266, at page 273, I stated that the commencement of any ancillary proceeding to enforce damages on the attachment bond or undertaking — hereinafter referred to as the bond —must await final judgment in this cause. The defendants’ counsel have,…