Legal Opinion

McCormick v. National City Bank of Waco

Court of Appeals for the Fifth Circuit

Decided January 16, 1906No. 1,446PublishedCited by 20 opinions

In Error to the Circuit Court of the United States for the Western District, of Texas.

1Per curiam

After evidence taken in this case each party requested the court to instruct the jury to return a verdict in his favor, thereby both affirming that there was no disputed question of fact which could operate to deflect or control the question of law, and necessarily requesting that the court find the facts. The parties are therefore concluded by the findings made by the court upon which the resulting construction of law was given, and this court in reviewing the action of the Circuit Court, is limited to the consideration of the correctness of the finding on the law, and must affirm if there…

2Cases cited2 opinions

  1. Beuttell v. MagoneSupreme Court of the United States · 1895
  2. Beuttell v. MagoneSupreme Court of the United States · 1895

3Cited by20 opinions

  1. Empire State Cattle Co. v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1906
  2. W. A. Hover & Co. v. Denver & R. G. W. R.Court of Appeals for the Eighth Circuit · 1927
  3. Michigan Cent. R.R. Co. v. Spindler, Admr.Indiana Supreme Court · 1937
  4. Meyer & Chapman State Bank v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1923
  5. Clapper v. GambleCourt of Appeals for the Eighth Circuit · 1928

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