Olds Wagon Works v. Benedict
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. These were three actions by D. M. Benedict against J. C. Benedict, the Olds Wagon Works, E. T. Huff, C. T. Boggs, Frank P. Lawrence, J. M. Burks, C. W. Mosher, and A. T. King, on three bonds executed, respectively, by the defendants or some of them, which actions were consolidated by stipulation and heard as one.
Read the full summary
In Error to the Circuit Court of the United States for the District of Nebraska. These were three actions by D. M. Benedict against J. C. Benedict, the Olds Wagon Works, E. T. Huff, C. T. Boggs, Frank P. Lawrence, J. M. Burks, C. W. Mosher, and A. T. King, on three bonds executed, respectively, by the defendants or some of them, which actions were consolidated by stipulation and heard as one. The plaintiff recovered judgment on two of the bonds in the circuit court. • Defendants bring error. "J
1Opinion of the Court
SANBORN, Circuit Judge.
The plaintiffs in error,bring this writ to reverse a judgment against them in the circuit court, which was the result of a trial to a jury as one, of three actions which had been consolidated by a stipulation of the parties before the trial. At the outset they challenge the jurisdiction of the circuit court to try either of these actions or to render the judgment of which they complain. The actions arose and proceeded as follows: On November 5, 1887, the plaintiff in error J. C. Benedict, a citizen of the state of Nebraska, executed a bond to the defendant in error, D.…
2Cases cited15 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Torrence v. SheddSupreme Court of the United States · 1892
- Wilson v. Oswego TownshipSupreme Court of the United States · 1894
- People's Bank v. CalhounSupreme Court of the United States · 1880
- Merchants' Cotton Press & Storage Co. v. Insurance Co. of North AmericaSupreme Court of the United States · 1894
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Barnett v. MayesCourt of Appeals for the Tenth Circuit · 1930
- Katalia Co. v. RonesCourt of Appeals for the Ninth Circuit · 1911
- Ellis v. PeakDistrict Court, N.D. Texas · 1938
- Farmers' & Merchants' Nat. Bank of Waco v. SchusterCourt of Appeals for the Fifth Circuit · 1898
- Kidder v. Northwestern Mut. Life Ins.U.S. Circuit Court for the District of Indiana · 1902
4 more not listed; retrieve them via the Exa API.