Cudahy Packing Co. v. Sioux Nat. Bank
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the North- ' ern District of Iowa. This was a suit which was brought by the defendant in error, the Sioux National Bank of Sioux Oity, Iowa, against the Cudahy Packing Company, the plaintiff in error, to recover an amount of money which the bank had expended in taking up and paying certain pig tickets that had been issued by the Cudahy Packing Company in payment for hogs by it purchased.
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In Error to the Circuit Court of the United States for the North- ' ern District of Iowa. This was a suit which was brought by the defendant in error, the Sioux National Bank of Sioux Oity, Iowa, against the Cudahy Packing Company, the plaintiff in error, to recover an amount of money which the bank had expended in taking up and paying certain pig tickets that had been issued by the Cudahy Packing Company in payment for hogs by it purchased. For some months prior to April 22, 1893, an arrangement had existed between the Union Loan & Trust Company of Sioux City, Iowa, and the Cudahy…
1Opinion of the CourtThayer, Circuit Judge
The first question to he considered is whether the errors assigned upon the record, or any of them, are subject to review hy this court. The decision of this question depends upon whether it: affirmatively' appears from the record that "a stipulation in writing waiving a jury” was filed with the clerk, pursuant to the provisions of section 649 of the Revised Statutes of the United States. It has been so often decided, both hy this court and hy the supreme court, that an oral stipulation waiving a jury trial, in law cases tried in the federal courts, is not sufficient to authorize an appellate…
2Cases cited10 opinions
- Bond v. DustinSupreme Court of the United States · 1884
- Supervisors v. KennicottSupreme Court of the United States · 1881
- Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
- Roberts v. BenjaminSupreme Court of the United States · 1888
- Boogher v. Insurance Co.Supreme Court of the United States · 1880
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3Cited by5 opinions
- City of Cleveland v. Walsh Construction Co.Court of Appeals for the Sixth Circuit · 1922
- Mutual Life Ins. v. KellyCourt of Appeals for the Eighth Circuit · 1902
- Duncan v. Atchison, T. & S. F. R.Court of Appeals for the Ninth Circuit · 1896
- Municipal Excavator Co. v. SiedhoffCourt of Appeals for the Eighth Circuit · 1926
- Cudahy Packing Co. v. Sioux Nat. Bank of Sioux CityCourt of Appeals for the Eighth Circuit · 1896