Wing v. Sedgwick

BREWSTER, District Judge.

In this case a demurrer to plaintiff’s declaration was sustained in this court. 244 Fed. 199. Upon writ of error to the Circuit Court of Appeals, this judgment was reversed, (see 254 Fed. 5, 165 C. C. A. 415), and the case was remanded to this court for further proceedings not inconsistent with the opinion of the Circuit Court of Appeals.

Jury trial was waived and the case submitted upon depositions and copies of exhibits. The law applicable to the facts of the case has been stated in the opinion of the Circuit Court of Appeals, and must control in the consideration of…