Vilter Mfg. Co. v. Abeel
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western District of Texas. Action at law by Alfred Abed against the Vilter Manufacturing Company. Judgment for plaintiff, and defendant brings error. This is an action, at law orginally brought by defendant in error herein in the district court of McLennan county. Tex., and removed to the Circuit Court in and for the Western District of Texas by petition of the defendant, the Vilter Manufacturing Company.
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In Error to the Circuit Court of the United States for the Western District of Texas. Action at law by Alfred Abed against the Vilter Manufacturing Company. Judgment for plaintiff, and defendant brings error. This is an action, at law orginally brought by defendant in error herein in the district court of McLennan county. Tex., and removed to the Circuit Court in and for the Western District of Texas by petition of the defendant, the Vilter Manufacturing Company. The case hinged on the question of breach of warranty, and the controversy grew out of a series of transactions embraced primarily…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). This case has been argued as though it were pending before us upon appeal, and all the matters decided in the court below were open for our examination; but we find that the case is before us on writ of error, and only rulings on matters of law can be reviewed.
The first 20 assignments of error which complain of the rulings of the court below on the pleadings are none of them well taken, because under the agreement all the issues between the parties were to be presented, and on the trial all the evidence offered by each party was received without objection,…
2Cases cited12 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- State v. FaisonSupreme Court of North Carolina · 1991
- Hooks Smelting Co. v. Planters' Compress Co.Supreme Court of Arkansas · 1904
- Machine Co. v. Compress Co.Tennessee Supreme Court · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Brown Hoisting & Conveying Mach. Co. v. King Bridge Co.Court of Appeals for the Sixth Circuit · 1901