Connecticut Fire Ins. v. Manning
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Missouri. Action by Eouis R. Manning and another against the Connecticut Eire Insurance Company. From an order overruling a motion to set aside a nonsuit, defendant brings error.
1DissentSanborn, Circuit Judge
The decision of the majority in this case is not in accord with my opinion concerning it, *896which will be briefly stated. Under the decision in this case by this court, which is found in 160 Fed. 382, 87 C. C. A. 334, the insurance company had the legal right to a final judgment on the merits in its favor, when it moved for judgment on the pleadings after the return of the case to the Circuit Court. That court erroneously denied that motion, and the company excepted to its ruling on April 20, 1909. The moment that exception had been taken, this court acquired appellate jurisdiction to review…
2Cases cited23 opinions
- St. Clair v. United StatesSupreme Court of the United States · 1894
- Hudson v. ParkerSupreme Court of the United States · 1895
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- The Chateaugay Ore & Iron Co.Supreme Court of the United States · 1888
- Newcomb v. WoodSupreme Court of the United States · 1878
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