United States v. Weisberger
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Eastern District of Washington; Erank H. Rudkin, Judge. Action by the United States of America against Theodore Weis-berger and others. Judgment for defendants, and the United States brings error.
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In Error to the District Court of the United States for the Southern Division of the Eastern District of Washington; Erank H. Rudkin, Judge. Action by the United States of America against Theodore Weis-berger and others. Judgment for defendants, and the United States brings error. The government brought this suii in the court below upon a contract entered into between it and the defendant Weisberger, and upon a bond given by the defendants for the faithful performance by the contractor of the provisions of his contract. The contract related to the construction of certain portions of the…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). Only three of the five assignments of error‘can be considered b)*- us, to wit:
“(2) That the court erred in denying plaintiff’s motion for judgment at the close of all the testimony in the case.
“(3) That the verdict herein is contrary to the evidence and against the law.
“(4) That the court erred in entering judgment herein in favor of the defendants, and erred in entering judgment upon the verdict.”
At the time the motion was made for judgment in favor of the plaintiff, the evidence before the court and jury tended to show that the government had suspended…
2Cases cited6 opinions
- Hume v. United StatesSupreme Court of the United States · 1889
- United States v. FreelSupreme Court of the United States · 1902
- American Bonding & Trust Co. v. Gibson CountyCourt of Appeals for the Sixth Circuit · 1904
- American Bonding Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1909
- Mundy v. United StatesUnited States Court of Claims · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McPhee v. United StatesSupreme Court of Colorado · 1918
- Massachusetts Bonding & Ins. Co. v. DavisCourt of Appeals of Texas · 1925
- Weisberger v. United StatesUnited States Court of Claims · 1918