Legal Opinion

Syracuse Tp. v. Rollins

Court of Appeals for the Eighth Circuit

Decided October 29, 1900No. 1,360PublishedCited by 6 opinions

In Error to tlie Circuit Court of the United States for the District of Kansas. The trial court made a special finding of facts which supersedes the necessity of any other statement of the case. The court’s findings are as follows: “(1) That the plaintiff is a resident, and citizen of the state of New Hampshire.

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In Error to tlie Circuit Court of the United States for the District of Kansas. The trial court made a special finding of facts which supersedes the necessity of any other statement of the case. The court’s findings are as follows: “(1) That the plaintiff is a resident, and citizen of the state of New Hampshire. “(2) That the defendant is a resident and citizen of the state of Kansas, and a municipal township and body corporate, in the county of Hamilton and state of Kansas, duly organized and existing under the laws of Kansas, and possessed the power and authority as such to issue the bonds…

1Opinion of the CourtGaldwtell, Circuit Judge

Six of the assignments of error are to the effect that the facts found by the trial court are not supported by the evidence. But it is well settled that when the trial court to which a cause has been submitted makes a special finding of facts this court has no authority to inquire whether the evidence supports the findings, but only whether the facts found support the judgment. Lehnen v. Dickson, 148 U. S. 71, 77, 13 Sup. Ct. 481, 37 L. Ed. 373; Myers v. Hettinger, 37 C. C. A. 369, 94 Fed. 370; Supreme Lodge v. England, 36 C. C. A. 298, 94 Fed. 369; Minchen v. Hart, 36 U. S. App. 534, 18 C.…

2Cases cited9 opinions

  1. Lehnen v. DicksonSupreme Court of the United States · 1893
  2. Gunnison County Commissioners v. RollinsSupreme Court of the United States · 1899
  3. Myers v. HettingerCourt of Appeals for the Eighth Circuit · 1899
  4. City of South St. Paul v. Lamprecht Bros.Court of Appeals for the Eighth Circuit · 1898
  5. Minchen v. HartCourt of Appeals for the Eighth Circuit · 1896

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3Cited by6 opinions

  1. G. Amsinck & Co. v. Springfield Grocer Co.Court of Appeals for the Eighth Circuit · 1925
  2. King v. SmithCourt of Appeals for the Ninth Circuit · 1901
  3. West v. East Coast Cedar Co.Court of Appeals for the Fourth Circuit · 1902
  4. Board of Directors of the Horse Heaven Irrigation District v. MineahWashington Supreme Court · 1920
  5. Scandinavian-American Bank v. United States Nat. BankCourt of Appeals for the Eighth Circuit · 1921

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