Legal Opinion

Reynolds v. Wade

Court of Appeals for the Ninth Circuit

Decided February 11, 1957No. 15135PublishedCited by 14 opinions

1Opinion of the Court

CHAMBERS, Circuit Judge.

This is more about when is a judgment a judgment.1

In this case the district judge filed an opinion on March 26, 1956. The conclusion of his opinion was that the complaint did not state a cause of action. The ultimate sentence of the opinion was: “The motion for dismissal is granted and the case dismissed.” That is “judgment talk,” at least.

Then on April 18, 1956, a separate paper called “Judgment and Decree” was signed and filed by the trial judge. This latter instrument goes beyond the opinion of March 26 and decrees that the “defendant recover attorney fees in the…

2Cases cited2 opinions

  1. Cedar Creek Oil & Gas Co. v. Fidelity Gas Co.Court of Appeals for the Ninth Circuit · 1956
  2. United States v. CookeCourt of Appeals for the Ninth Circuit · 1954

3Cited by14 opinions

  1. In Re SlimickCourt of Appeals for the Ninth Circuit · 1990
  2. Heikkila v. BarberDistrict Court, N.D. California · 1958
  3. Ross v. Thompson (In Re Levine)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  4. United States ex rel. Kelly v. BibbCourt of Appeals for the Seventh Circuit · 1958
  5. Reynolds v. WadeCourt of Appeals for the Ninth Circuit · 1957

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