Austin v. Hamilton County
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois. Bach party to this record proseemos a writ of error. The action was commenced by Augustus T. Post, since deceased, and is in assumpsit, ujion coupons from bonds of Hamilton couuly, 111., issued to the St. Louis & Southeastern Rail way Company.
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In Error to the Circuit Court of the United States for the Southern District of Illinois. Bach party to this record proseemos a writ of error. The action was commenced by Augustus T. Post, since deceased, and is in assumpsit, ujion coupons from bonds of Hamilton couuly, 111., issued to the St. Louis & Southeastern Rail way Company. Upon written waiver of a jury, the issues joined were tried by the court, which made both a special and general finding, and gave judgment in favor of the plaintiff in error for the amount due upon a part, but not all, of the coupons in suit. The declaration avers,…
1Opinion of the CourtWoods, Circuit Judge
The special finding should not have been accompanied with a general finding. British Queen Min. Co. v. Baker Silver-Min. Co., 139 U. S. 222, 11 Sup. Ct. 523; Wesson v. Saline Co., 20 C. C. A. 227, 73 Fed. 917. The declaration, it is to be observed, contains no averment to the effect that the plaintiff was a purchaser of the bonds in good faith. On the contrary, his reliance is shown to have been solely upon the adjudication in favor of Jackson in the chancery suit. It is needless, therefore, to consider what significance might be due to the recitals in the bonds that they were issued in…
2Cases cited9 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- St. Clair v. CoxSupreme Court of the United States · 1882
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- Wesson v. Saline CountyCourt of Appeals for the Seventh Circuit · 1896
- British Queen Min. Co. Of Colorado v. Baker Silver Min. CoSupreme Court of the United States · 1891
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3Cited by6 opinions
- Continental Nat. Bank v. National City Bank of New YorkCourt of Appeals for the Ninth Circuit · 1934
- Daube v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Seventh Circuit · 1897
- Corliss v. Pulaski CountyCourt of Appeals for the Seventh Circuit · 1902
- Java Cocoanut Oil Co. v. Pajaro Valley Nat. BankCourt of Appeals for the Ninth Circuit · 1924
- Wright v. BraggCourt of Appeals for the Seventh Circuit · 1899
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