Legal Opinion

Fidelity & Deposit Co. of Maryland v. MacGruer

Court of Appeals for the Ninth Circuit

Decided April 22, 1935No. 7295PublishedCited by 5 opinions

1Opinion of the Court

NORCROSS, District Judge.

This is an appeal from an order vacating an order of dismissal. The only question presented is whether the District Court had jurisdiction to vacate the order of dismissal after the expiration of the term in which the dismissal was entered.

The record discloses the following facts: In 1929 the appellees, as plaintiffs, brought an action against appellant, Fidelity & Deposit Company of Maryland, as the surety on an injunction bond, alleging that the surety company was liable on the bond for damages suffered by plaintiffs. After trial and submission of the cause to the…

2Cases cited4 opinions

  1. United States v. MayerSupreme Court of the United States · 1914
  2. New England Furniture & Carpet Co. v. United StatesDistrict Court, D. Minnesota · 1931
  3. St. Louis & San Francisco Railroad v. SpillerSupreme Court of the United States · 1927
  4. New Liverpool Salt Co. v. WellbornCourt of Appeals for the Ninth Circuit · 1908

3Cited by5 opinions

  1. United States Fidelity & Guaranty Co. v. HelmCourt of Appeals for the Ninth Circuit · 1936
  2. Helm v. United States Fidelity & Guaranty Co.District Court, N.D. California · 1935
  3. United States Fidelity & Guaranty Co. v. HelmCourt of Appeals for the Ninth Circuit · 1936
  4. Universal Underwriters Insurance Co. v. FergusonTexas Supreme Court · 1971
  5. Universal Underwriters Insurance Co. v. FergusonTexas Supreme Court · 1971

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