Burke v. Davis
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. , This was a suit in equity by William U. Burke against Frank L. Davis. The facts stated in the bill are substantially these: In the year 1888 the complainant, the appellant here, ivas engaged in the manufacture, importation, and sale of marble and mosaic decorations for buildings, having establishments at Chicago. Buffalo, New York, London, and Paris.
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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. , This was a suit in equity by William U. Burke against Frank L. Davis. The facts stated in the bill are substantially these: In the year 1888 the complainant, the appellant here, ivas engaged in the manufacture, importation, and sale of marble and mosaic decorations for buildings, having establishments at Chicago. Buffalo, New York, London, and Paris. During the time from August, 1889, to July, 1891, he imported large quantities of marbles and mosaics, to be entered at the ports…
1Opinion of the CourtWoods, Circuit Judge
(after stating the facts as above). In the absence of exceptions to the report, there can be no inquiry into the correctness of the master’s findings of fact; but whether the proper decree was entered upon the report is nevertheless open to consideration. The master’s mistaken apprehension of the legal consequences of the facts reported, as Daniell states it, “may be opened to further directions, without exceptions.” 2 Daniell, Ch. Prac. p. 1310; Hayes v. Hammond, 162 Ill. 133, 44 N. E. 422. The recommendation of the-master that a decree should he entered for the defendant for the amount…
2Cases cited1 opinion
- Hayes v. HammondIllinois Supreme Court · 1896
3Cited by3 opinions
- Central Improvement Co. v. Cambria Steel Co.Court of Appeals for the Eighth Circuit · 1913
- Berwind White Coal Mining Co. v. Borinquen Sugar Co.District Court, D. Puerto Rico · 1915
- Cooper v. Michigan Artificial Ice Products Co.District Court, D. Michigan · 1930