Walker v. Collins
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. At Law. Action by E. Collins and W. H. Bretch, trading as Collins & Bretch, against R. L. Walker, James McMurray, Charles Howard, and A. J. Partridge, to recover damages for wrongful attachment.
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In Error to the Circuit Court of the United States for the District of Kansas. At Law. Action by E. Collins and W. H. Bretch, trading as Collins & Bretch, against R. L. Walker, James McMurray, Charles Howard, and A. J. Partridge, to recover damages for wrongful attachment. A former trial resulted in a judgment for plaintiffs, which was reversed by this court. 1 C. C. A. 642, 50 Fed. 737, 4 U. S. App. 406. On the second trial verdict and judgment were again rendered for plaintiffs, and defendants bring error.
1Opinion of the Court
CALDWELL, Circuit Judge.
This is the second appearance of this case in this court. It was before the court at the May term, 1892, and reference is made to the opinion then delivered (4 U. S. App. 406, 1 C. C. A. 642, 50 Fed. 737,) for a full statement of the case. Upon the second trial in the lower court, Collins & Bretch, *71the plaintiffs in that court, recovered judgment, and the defendants thereupon sued out this writ of error.
It is assigned for error that the lower court permitted a deposition of a witness to be read in evidence which had not been on file one day before the day of trial.…
2Cases cited12 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875
- Jones v. SimpsonSupreme Court of the United States · 1886
- Lynn v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1883
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- Donarski v. LardySupreme Court of Minnesota · 1958
- In re HawksDistrict Court, D. Kansas · 1913
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