O'Hara v. Mobile & O. R.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Missouri. This action was commenced hy Henry O’Hara, the plaintiff in error, in the circuit court for the city of St. Uouis, Mo., and on the application of the Mobile & Ohio Railroad Company, the defendant In error, was removed into the circuit court of the United States for the Eastern district of Missouri, upon the ground of the diverse citizenship of the parties.
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In Error to the Circuit Court of the United States for the Eastern District of Missouri. This action was commenced hy Henry O’Hara, the plaintiff in error, in the circuit court for the city of St. Uouis, Mo., and on the application of the Mobile & Ohio Railroad Company, the defendant In error, was removed into the circuit court of the United States for the Eastern district of Missouri, upon the ground of the diverse citizenship of the parties. The cause of action counted upon in the complaint is for the rent of railroad box cars. The .parties waived a jury trial in the mode provided hy…
1Opinion of the Court
CALDWELL, Circuit Judge,
after stating the case as above, delivered tbe opinion of the court.
The case was tried by the court, which made a general iinding of facts upon which judgment was rendered in favor of the defendant. In Dirst v. Morris, 14 Wall. 484, 490, the supreme court, speaking by Mr. Justice Bradley, said:
•'The court was exercising the functions of hoth court and jury, and whether, as matter of fact, it regarded the proof sufficient to show that Breóse had been served with process in the foreclosure suit, "whether, as matter of law, it regarded that fact: as not material, or what…
2Cases cited17 opinions
- Stanley v. Supervisors of AlbanySupreme Court of the United States · 1887
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Insurance Co. v. FolsomSupreme Court of the United States · 1874
- Martinton v. FairbanksSupreme Court of the United States · 1885
- Peck v. Stephenson's LesseeTennessee Supreme Court · 1847
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3Cited by6 opinions
- Hughes County v. LivingstonCourt of Appeals for the Eighth Circuit · 1900
- United States v. Lew Poy DewDistrict Court, N.D. New York · 1903
- Jordan v. McDonnellSupreme Court of Alabama · 1907
- Ragsdale v. BothmanMontana Supreme Court · 1928
- Ryan v. StaplesCourt of Appeals for the Eighth Circuit · 1897
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