Bunday v. Huntington
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of South Dakota; James D. Elliott, Judge. Action by Fred G. Huntington, as trustee in bankruptcy of Gideon N. Carlson and Adolph P. Rosdahl, against Ansel E. Sunday and another. There was a judgment for plaintiff, and .defendants brings error.
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In Error to the District Court of the United States for the District of South Dakota; James D. Elliott, Judge. Action by Fred G. Huntington, as trustee in bankruptcy of Gideon N. Carlson and Adolph P. Rosdahl, against Ansel E. Sunday and another. There was a judgment for plaintiff, and .defendants brings error. This is an action at law instituted by the defendant in error against the plaintiffs in error, who will ha referred to herein as the “plaintiff” and “defendants,” as they were in the court below, to recover an alleged preference. The plaintiff is the trustee in bankruptcy of Carlson &'…
1Opinion of the CourtTrieber, District Judge
[ 1 ] (after stating the facts as 'above). While the court, sitting as a jury, made only a general finding of all the issues in favor of the plaintiff, the request for special findings made on behalf of the defendants, and which was by the court refused, and proper exceptions saved, enables us to review the evidence for the purpose of determining whether it was of such a nature as to make it the duty of the court to make these findings, and whether the refusal to do so is reversible error.
It is only in the absence of any request’to find facts specifically, or to find for the plaintiff in…
2Cases cited10 opinions
- Andrus v. St. Louis Smelting & Refining Co.Supreme Court of the United States · 1889
- Slocum v. BracySupreme Court of Minnesota · 1893
- Ford v. SmithSupreme Court of Georgia · 1858
- American Colortype Co. v. Continental Colortype Co.Supreme Court of the United States · 1903
- Hubachek v. Estate of BrownSupreme Court of Minnesota · 1914
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- Sternberg v. Drainage Dist. No. 17 of Mississippi CountyCourt of Appeals for the Eighth Circuit · 1930
- Societe Nouvelle D'armement v. BarnabyCourt of Appeals for the Ninth Circuit · 1917
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