Legal Opinion

William Cameron & Co. v. Peck

Court Of Appeals Of Indian Territory

Decided November 24, 1906Published

Appeal from the United States Court for the Southern District of the Indian Territory; before Justice J. T. Dickerson, June 6, 1905. Action by Peck & Mellish against William Cameron & Co. From a judgment in favor of plaintiffs, defendants appeal. Peck & Mellish, appellees, were partners, engaged in the real estate business, and appellants, Wm.

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Appeal from the United States Court for the Southern District of the Indian Territory; before Justice J. T. Dickerson, June 6, 1905. Action by Peck & Mellish against William Cameron & Co. From a judgment in favor of plaintiffs, defendants appeal. Peck & Mellish, appellees, were partners, engaged in the real estate business, and appellants, Wm. Cameron & Co., a corporation, engaged in-the lumber business, at Comanche, I. T. This is a suit to recover $60, claimed as a commission for the sale of a wagon yard belonging to appellants. Verdict and judgment for appellees.

1Opinion of the CourtClayton, J.

The motion for new trial, filed on January 9, 1905, prior to the adoption of the federal procedure in appeals (Chapter 1479, 33 St. L. 1081) is as follows: “Now comes the defendant, in the above styled and entitled cause and moves the court to grant it a new trial in this cause for the following reasons, to wit: First, for errors of law occurring in the record. Second, because the verdict is contrary to law, and is not supported by the evidence. Third, because of'remarks made *297by the court in the presence of the jury during the trial of said cause. Fourth, because the court erred in giving…

2Cases cited1 opinion

  1. Hughes Bros. Mfg. Co. v. ReaganCourt Of Appeals Of Indian Territory · 1902

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