Smith v. Carlisle
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United- States for the Northern District of Georgia; Wm. T. Newman, Judge. Suit by W. A. Carlisle against C. Elmer Smith and others. From a decree dismissing the bill without prejudice (224 Fed. 231), defendants appeal.
1Opinion of the Court
WALKER, Circuit Judge.
After the issues of fact and of law in this case had, without objection from any of the parties, so far as appears, been referred to a master to hear and determine and to report thereon, after the master, on much evidence submitted to him by the opposing parties, had made his report, containing a number of findings, including a general one in favor of the defendants, and .after the plaintiff had filed many exceptions to that report, following the payment o f the costs in the case by the plaintiff, he was permitted, over objections made by the defendants, to dismiss his…
2Cases cited10 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Medsker v. BonebrakeSupreme Court of the United States · 1883
- City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
- Hollingsworth & Vose Co. v. Foxborough Water Supply DistrictMassachusetts Supreme Judicial Court · 1898
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3Cited by8 opinions
- United Motors Service, Inc. v. Tropic-Aire, Inc.Court of Appeals for the Eighth Circuit · 1932
- Clifton v. TombCourt of Appeals for the Fourth Circuit · 1927
- In Re JR Palmenberg SonsCourt of Appeals for the Second Circuit · 1935
- Allied Chemical & Dye Corp. v. Steel & Tube Co. of AmericaCourt of Chancery of Delaware · 1925
- Bronx Brass Foundry, Inc. v. Irving Trust Co.Court of Appeals for the Second Circuit · 1935
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