Bamberger v. Schoolfield
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OE ALABAMA. The controversy below was what is known in the jurisprudence of Alabama as a statutory claim suit, and grew out of an attachment-proceeding instituted by plaintiffs in error against one Henry Warten. Under the writ, a levy was made on certain merchandise, treated as belonging to 'Warten.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OE ALABAMA. The controversy below was what is known in the jurisprudence of Alabama as a statutory claim suit, and grew out of an attachment-proceeding instituted by plaintiffs in error against one Henry Warten. Under the writ, a levy was made on certain merchandise, treated as belonging to 'Warten. The defendants in error intervened and claimed the things seized, and thereby an issue was formed as to whether they were owned by the defendant in attachment or were the - property of the claimants. The undisputed facts are…
1Opinion of the CourtJustice White
In the discussion at bar the plaintiff in error has devoted much of the argument to demonstrate that the trial court erred in declining a request by him made to instruct the jury to’ render a verdict in his favOr, if they believed the testimony, but this request was manifestly rightly refused. . It involved a finding by the court as to weight of evidence and practically asked it to usurp the province of the jury, by determining the proper inference to be drawn, from the evidence and deciding on which side lay the preponderance of proof. In so far as this request asked the court to instruct…
2Cases cited5 opinions
- Peters v. BainSupreme Court of the United States · 1890
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- White v. CotzhausenSupreme Court of the United States · 1889
- Jones v. SimpsonSupreme Court of the United States · 1886
- Smith v. CraftSupreme Court of the United States · 1887
3Cited by38 opinions
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Butler v. WilkinsonUtah Supreme Court · 1987
- Finefrock v. Kenova Mine Car Co.Court of Appeals for the Fourth Circuit · 1927
- Bruner v. Republic Acceptance CorporationDistrict Court, E.D. Arkansas · 1961
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