Cudahy Packing Co. v. Sioux Nat. Bank of Sioux City
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. This was an action at law by the Sioux National Bank of Sioux City against the Cudahy Packing Company to recover a sum of money. A jury was waived, and a trial had before a referee appointed by the court, which resulted in a judgment for plaintiff. 63 Fed. 805. • In this court the judgment was heretofore affirmed (16 C. C. A. 410, 69 Fed. 782), but a rehearing was granted.
1Opinion of the Court
THAYER, Circuit Judge.
A rehearing was granted in this case at the December term, 1895, and the questions involved have been reargued. In the opinion originally filed (16 C. C. A. 410, 69 Fed. 782) this court held that inasmuch as the record failed to show that the case was referred to a referee for trial, in pursuance of a written stipulation of the parties waiving a jury, the only question open to review, according to the federal practice in law cases, was whether the complaint was sufficient to sustain the judgment. This view was clearly enunciated in Boogher v. Insurance Co., 103 U. S. 90,…
2Cases cited7 opinions
- Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
- Shipman v. Straitsville Central Mining Co.Supreme Court of the United States · 1895
- Roberts v. BenjaminSupreme Court of the United States · 1888
- Boogher v. Insurance Co.Supreme Court of the United States · 1880
- Andes v. SlausonSupreme Court of the United States · 1889
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3Cited by2 opinions
- City of Cleveland v. Walsh Construction Co.Court of Appeals for the Sixth Circuit · 1922
- Municipal Excavator Co. v. SiedhoffCourt of Appeals for the Eighth Circuit · 1926