Adams v. Shirk
Court of Appeals for the Seventh Circuit
On Petition for Behearing. For former opinion, see 104 Fed. 54.
1Opinion of the Court
WOODS, Circuit Judge.
The petition for a rehearing shows a misapjirehension of the opinion handed down. "When it was said that, if the court erred in holding or not holding as stated in certain specifications of error, “it must have been in giving .or refusing instructions,” it was not intended that there is something in the word “holding” “that necessarily implies instructions, or even the presence of a jury.” That “any formulated conclusion of the court upon a question of law” is a holding, it did not need argument and illustration to demonstrate. The expression in the opinion is a concrete…
2Cases cited10 opinions
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Dean v. WalkerIllinois Supreme Court · 1882
- Willard v. WoodSupreme Court of the United States · 1890
- Webster v. FlemingIllinois Supreme Court · 1899
- Grape Creek Coal Co. v. Farmers' Loan & Trust Co.Court of Appeals for the Seventh Circuit · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gibson v. Victor Talking Mach. Co.District Court, D. New Jersey · 1916
- City of Eau Claire v. PaysonCourt of Appeals for the Seventh Circuit · 1901
- Duvall-Percival Trust Co. v. JenkinsCourt of Appeals for the Eighth Circuit · 1926
- Duvall-Percival Trust Co. v. JenkinsCourt of Appeals for the Eighth Circuit · 1926
- Shirk v. AdamsCourt of Appeals for the Seventh Circuit · 1904