Legal Opinion
Lake County ex rel. Baxley v. Massachusetts Bonding & Ins.
Court of Appeals for the Fifth Circuit
Decided June 12, 1936No. 8097PublishedCited by 6 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge.
When this case was here before on an appeal from an instructed verdict,1 we held that Baxley’s judgment against Hardee was prima facie at least as to the surety, that the matter was as Baxley stated it, and not as Hardee did, saying: “Whether the judgment against Hardee, supported as it is by the testimony of Baxley and his witnesses, has been overcome by the testimony of Hardee and his witnesses * * * was
for the jury, and not for the judge, to say.” We reversed the judgment and remanded the cause for further and not inconsistent proceedings. The case has been…
2Cases cited10 opinions
- Thiede v. Utah TerritorySupreme Court of the United States · 1895
- Beaver v. TaylorSupreme Court of the United States · 1876
- Maryland Casualty Co. v. ReidCourt of Appeals for the Fifth Circuit · 1935
- Pennsylvania Railroad v. MindsSupreme Court of the United States · 1919
- Burns v. United StatesSupreme Court of the United States · 1927
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3Cited by6 opinions
- Wallace G. Frederick v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Seaboard Surety Company v. Westwood Lake, Inc.Court of Appeals for the Fifth Circuit · 1960
- United States v. Maryland Cas. Co.Court of Appeals for the Fifth Circuit · 1953
- Brabham v. Mississippi ex rel. SmithCourt of Appeals for the Fifth Circuit · 1938
- American Surety Co. of New York v. BakerCourt of Appeals for the Fifth Circuit · 1940
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