Legal Opinion · Dissent

Century Indemnity Co. v. Nelson

Court of Appeals for the Ninth Circuit

Decided June 22, 1936No. 7618Published

1DissentDenman, Circuit Judge

I am unable to concur in the denial of the consideration of the merits of the contention of this petition for rehearing, name*653ly, that the court erroneously held the findings support the judgment.

In the opinion so holding we proceeded ex industria to discover that the following assignment of error, “that the judgment is contrary to law in that it is not justified by any evidence nor is it supported by findings of fact,” violated a procedural rule because it contains the assignment of more than one error and fails to “set out separately and particularly each error assigned and intended to be…

2Cases cited3 opinions

  1. Wiborg v. United StatesSupreme Court of the United States · 1896
  2. Columbia Heights Realty Co. v. RudolphSupreme Court of the United States · 1910
  3. Mutual Life Ins. Co. of New York v. ParkinsonnCourt of Appeals for the Third Circuit · 1934

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