Owen v. Giles
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court- of the United States for the District of South Dakota. This was an action by Owen Bros, against Giles and Glassie to recover moneys paid other parties to complete contracts which defendants had undertaken to perform. The trial resulted in verdict and judgment for defendants, which this writ of error is brought to review.
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In Error to the Circuit Court- of the United States for the District of South Dakota. This was an action by Owen Bros, against Giles and Glassie to recover moneys paid other parties to complete contracts which defendants had undertaken to perform. The trial resulted in verdict and judgment for defendants, which this writ of error is brought to review. The material facts are as follows: The Chicago, Milwaukee & St. Paul Railway Company contracted with McIntosh Bros., railroad contractors, for the construction of a line of road in Iowa. McIntosh sublet a portion of the work (earth work for…
1Opinion of the CourtHook, Circuit Judge
(after stating the facts as above). The mo-ti.on for a new trial and the assignment of errors need not be compared. Under the practice in the courts of the United States the former is addressed to the discretion of the trial court, and the contents thereof do not limit or otherwise affect the matters that may be embraced in the latter. The court instructed the jury in substance that, if they found that the additional forces went upon the ground covered by defendants’ contracts and performed the “force work” against the will, protest, and consent of defendants, the plaintiffs were not entitled…
2Cases cited6 opinions
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- Champlain Const. Co. v. O'BrienU.S. Circuit Court for the District of Vermont · 1900
- Warren v. BeanWisconsin Supreme Court · 1858
- Wyckoff v. TaylorAppellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Federal Surety Co. v. Minneapolis Steel & MacHinery Co.Court of Appeals for the Eighth Circuit · 1927
- Duvall-Percival Trust Co. v. JenkinsCourt of Appeals for the Eighth Circuit · 1926
- Boise City v. National Surety Co.Idaho Supreme Court · 1917
- Calandro v. KoonsConnecticut Superior Court · 1951
- Pospisil v. National Fire Ins. Co. of HartfordDistrict Court, D. South Dakota · 1929
2 more not listed; retrieve them via the Exa API.