Adkins v. W. & J. Sloane
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Missouri. This was an action by a ttachment brought by W. & J. Sloane, a corporation, against Isaac Wolf, in which James G. Adkins filed an interplea claiming property taken under the attachment. On trial of the issues arising on the interplea before the court, a jury having been waived by stipulation, judgment was rendered for plaintiff.
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In Error to the Circuit Court of the United States for the Western District of Missouri. This was an action by a ttachment brought by W. & J. Sloane, a corporation, against Isaac Wolf, in which James G. Adkins filed an interplea claiming property taken under the attachment. On trial of the issues arising on the interplea before the court, a jury having been waived by stipulation, judgment was rendered for plaintiff. Adkins brought error, upon which the circuit court of appeals rendered an opinion affirming the judgment. 8 C. G. A. 656, 60 Fed. 844. Adkins moved for a rehearing.
1Per curiam
A motion for a rehearing has been filed in this case, which we have duly considered. The point is urged that, even though it be true that the circuit court made a general finding in favor of the defendant in error and against the plaintiff in error, yet there was no testimony whatever to sustain such fihding. A general exception was taken to the judgment at the time it was entered, and, in view of that exception, it is now urged that it is the duty of this court to review the testimony on which the verdict was based, and to determine whether there was any evidence to support it. We think,…
2Cases cited4 opinions
- Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
- Martinton v. FairbanksSupreme Court of the United States · 1885
- Cooper v. OmohundroSupreme Court of the United States · 1874
- Village of Alexandria v. StablerCourt of Appeals for the Eighth Circuit · 1892
3Cited by7 opinions
- Mansfield Hardwood Lumber Co. v. HortonCourt of Appeals for the Eighth Circuit · 1929
- Tabor v. Commercial Nat. Bank of ClevelandCourt of Appeals for the Eighth Circuit · 1894
- Minchen v. HartCourt of Appeals for the Eighth Circuit · 1896
- Ozark Pipe Line Corporation v. DeckerCourt of Appeals for the Eighth Circuit · 1929
- Townsend v. Beatrice Cemetery Ass'nCourt of Appeals for the Eighth Circuit · 1905
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