Love v. Scatcherd
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Tennessee. Action in assumpsit to recover the sum of $12,000, claimed to be due the plaintiff, A. M. Love, for his services in bringing about a sale of a tract of land belonging to the defendant, Scateherd. The pleas were non assumpsit and nil debit. At the conclusion of all the evidence the court was requested by the defendant to instruct the jury to find against the plaintiff.
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In Error to the Circuit Court of the United States for the Western District of Tennessee. Action in assumpsit to recover the sum of $12,000, claimed to be due the plaintiff, A. M. Love, for his services in bringing about a sale of a tract of land belonging to the defendant, Scateherd. The pleas were non assumpsit and nil debit. At the conclusion of all the evidence the court was requested by the defendant to instruct the jury to find against the plaintiff. The plaintiff thereupon requested the court to instruct a verdict for the plaintiff. There were no other requests and no exception to…
1Opinion of the CourtLurton, Circuit Judge
Each party requested the court to instruct the jury to return a verdict in his favor. Nor were there any requests for an alternative charge as in Minahan v. Grand Trunk Western Ry. Co., 138 Fed. 37, a recent case decided by this court.
This was tantamount to an affirmance by each party that there was no substantial conflict in the evidence and the facts raised only a question of law. Beutell v. Magone, 157 U. S. 154, 15 Sup. Ct. 566, 39 L. Ed. 654; Phenix Ins. Co. v. Kerr, 129 Fed. 723, 64 C. C. A. 251, 66 L. R. A. 569; Minahan v. Grand Trunk Western Ry. Co., supra.
The only questions for our…
2Cases cited3 opinions
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
- Minahan v. Grand Trunk Western Ry. Co.Court of Appeals for the Sixth Circuit · 1905
3Cited by10 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- Buckbee v. P. Hohenadel, Jr., Co.Court of Appeals for the Seventh Circuit · 1915
- Webber v. RodgersSupreme Court of Arkansas · 1917
- Carter v. Ryburn Ford Sales, Inc.Supreme Court of Arkansas · 1970
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