Citizens' Bank of Wichita v. Farwell
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. Statement hy CALDWELL, Circuit Judge: John Y. Faxwell & Co. commenced suit in the circuit court of the United States for the district of Kansas, second division, against the Kansas Furniture Company, hereafter called the “Furniture Company,” to recover the sum of $8,926.20 and interest, and sued out in said action a writ of garnishment against the Citizens’ Bank of Wichita, Ivan., hereafter called…
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In Error to the Circuit Court of the United States for the District of Kansas. Statement hy CALDWELL, Circuit Judge: John Y. Faxwell & Co. commenced suit in the circuit court of the United States for the district of Kansas, second division, against the Kansas Furniture Company, hereafter called the “Furniture Company,” to recover the sum of $8,926.20 and interest, and sued out in said action a writ of garnishment against the Citizens’ Bank of Wichita, Ivan., hereafter called the “Bank.” On the 5 th day of March, 1891, plaintiffs recovered judgment against the furniture company for the sum of…
1Opinion of the Court
CALDWELL, Circuit Judge,
(after stating the facts as above.) It is objected by the defendants in error that the parties, or their attorneys of record, did not file with the clerk a stipulation in writing waiving a jury, as required by section 6-19 of the Revised Statutes of the United States; and that this court cannot therefore consider the assignment of error based on the insufficiency of the special finding of facts by the lower court to support the judgment. The record before us contains this entry:
“Thereupon, afterwards, to wit, on the 9th day of March, 1892, the said plaintiffs appeared…
2Cases cited8 opinions
- Tayloe v. RiggsSupreme Court of the United States · 1828
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
- Supervisors v. KennicottSupreme Court of the United States · 1881
- Abner L. Duncan's Heirs & Representatives v. United StatesSupreme Court of the United States · 1833
- Lamaster v. KeelerSupreme Court of the United States · 1887
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3Cited by12 opinions
- Stoll v. Hawkeye Casualty Co. Of Des Moines, IowaCourt of Appeals for the Eighth Circuit · 1950
- Walker v. MillerCourt of Appeals for the Eighth Circuit · 1894
- Payne v. GarthCourt of Appeals for the Eighth Circuit · 1922
- Collin County Nat. Bank v. HughesCourt of Appeals for the Eighth Circuit · 1907
- Joski v. ShortDistrict Court, W.D. Washington · 1939
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