Sigafus v. Porter
Court of Appeals for the Second Circuit
Ia Error to the Circuit Court of the United States for the Southern District of New York. This was an action by Dudley Porter and others against James M. Sigafus to recover damages for deceit. There was judgment on a verdict for plaintiffs, and defendant brings error. This causo comes here on writ of error to review a Judgment in favor of flio defendants in error, who were plaintiffs helow, against the plaintiff in error, who was defendant helow.
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Ia Error to the Circuit Court of the United States for the Southern District of New York. This was an action by Dudley Porter and others against James M. Sigafus to recover damages for deceit. There was judgment on a verdict for plaintiffs, and defendant brings error. This causo comes here on writ of error to review a Judgment in favor of flio defendants in error, who were plaintiffs helow, against the plaintiff in error, who was defendant helow. The judgment was entered upon the verdict oí a jury. The action is one to recover damages for deceit by defendant inducing the purchase of a gold…
1Opinion of the Court
LACOMBE, Circuit Judge.
Out of the 32 assignments of error, 80 ha ve been supported by argument in this court. They may be arranged in 17 groups, and are hereinafter discussed.
1. The exception reserved to the court’s denial of the motion made at the close of plaintiffs’ case to dismiss the complaint is of no a,vail. By not resting on his motion, and by thereafter offering his own evidence, the defendant waived Ms motion. Runkle v. Burnham, 153 U. S. 222, 14 Sup. Ct. 837. This disposes of the twenty-first assignment of error.
2. Orders denying motions for new trials are not reviewable in the…
2Cases cited3 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
3Cited by24 opinions
- Hindman v. First Nat. Bank of LouisvilleCourt of Appeals for the Sixth Circuit · 1902
- Walton v. Wild Goose Mining & Trading Co.Court of Appeals for the Ninth Circuit · 1903
- Early-Foster Co. v. Mid-Tex Oil MillsCourt of Appeals of Texas · 1918
- Stoke v. ConverseSupreme Court of Iowa · 1911
- O'DELL v. GoodsellNebraska Supreme Court · 1950
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