Hamburg-Bremen Fire Ins. v. Pelzer Manuf'g Co.
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the District of South Carolina. This ease was removed by the appellant, the insurance corupany, to the circuit court of the United States for the district of South Carolina.
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Appeal from the Circuit Court of the United States for the District of South Carolina. This ease was removed by the appellant, the insurance corupany, to the circuit court of the United States for the district of South Carolina. It is a bill in equity, originally filed in the court of common pleas for Greenville county, S. C., to correct an error in a verdict and judgment in that court in a case there tried, in which the Pelzer Manufacturing Company, the appellee, was plaintiff, and the Hamburg-Bremen Fire Insurance Company, the appellant, was defendant. The appellee, in March, 1889, was the…
1Opinion of the CourtMorris, District Judge
(after slating the facts as above). The first question raised by this appeal is whether equity has jurisdiction. The fact of the mistake is undeniable. The evidence of the foreman and the jurors who were examined as witnesses malces it manifest that the jury had agreed to render a verdict for the amount now claimed, and that they supposed that the foreman was announcing a verdict for the full amount of all the policies and interest, which was the verdict they had agreed upon. It was in the nature of a clerical mistake made by the foreman, by which he misstated the verdict which had been…
2Cases cited11 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Bronson v. SchultenSupreme Court of the United States · 1882
- Galliher v. CadwellSupreme Court of the United States · 1892
- United States v. ReidSupreme Court of the United States · 1852
- Phillips v. NegleySupreme Court of the United States · 1886
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3Cited by14 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Young v. United StatesCourt of Appeals for the Tenth Circuit · 1947
- Caylat v. Houston E. & W. T. Ry. Co.Texas Commission of Appeals · 1923
- Caylat v. Houston East & West Texas Railway Co.Texas Supreme Court · 1923
- McGlone v. HaugerIndiana Court of Appeals · 1914
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