Murray v. Bender
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Montana. In Murray v. Bender, 109 Fed. 585, 48 C. C. A. 555, this court had before it nearly all of the facts involved in this case. The decree of the lower court in this case was also before this court in King v. Bender, 116 Fed. 813, 54 C. C. A. 317, and the judgment of this court on that appeal has disposed of one of the questions involved in the present appeal.
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Appeal from the Circuit Court of the United States for the District of Montana. In Murray v. Bender, 109 Fed. 585, 48 C. C. A. 555, this court had before it nearly all of the facts involved in this case. The decree of the lower court in this case was also before this court in King v. Bender, 116 Fed. 813, 54 C. C. A. 317, and the judgment of this court on that appeal has disposed of one of the questions involved in the present appeal. A statement of the facts in this case appears to be necessary to a clear understanding of the law of the case, as established by the previous judgment of this…
1Opinion of the CourtMorrow, Circuit Judge
It is again contended on this appeal that the court below was in error in holding that Bender was entitled to redeem from the execution sale to King, and from the redemption made by O’Rourke. This part of the decree of the Circuit Court was before this court in King v. Bender, 116 Fed. 813, 54 C. C. A. 317, and the decree was there affirmed. This affirmance has become the law of the case, not only by the final judgment of this court, but by the decision of the Supreme Court of the United States, refusing to grant a writ of certiorari to review that judgment. 187 U. S. 643, 23 Sup. Ct. 843, 47…
2Cases cited2 opinions
- New York Life Ins. v. AllisonCourt of Appeals for the Second Circuit · 1901
- King v. BenderCourt of Appeals for the Ninth Circuit · 1902
3Cited by5 opinions
- Pflueger v. Lewis Foundry & Machine Co.Court of Appeals for the Sixth Circuit · 1904
- Newcastle Theatre Co. v. WardIndiana Court of Appeals · 1914
- Oden v. City of SeattleWashington Supreme Court · 1967
- In re AlbaneseDistrict Court, N.D. New York · 1930
- Spalding v. Columbia Theatre Co.Missouri Court of Appeals · 1915