Legal Opinion

Kirkpatrick v. McBride

Court of Appeals for the Fourth Circuit

Decided June 2, 1916No. 1400Published

Appeal from the District Court of the United States for the Northern District of West Virginia, at Wheeling; Alston G. Dayton, Judge. Suit by Harriet Elizabeth McBride against Emma Jane Kirkpatrick. From decree for complainant (207 Fed. 893), defendant appeals.

1Opinion of the Court

KNAPP, Circuit Judge.

The original decree in favor of plaintiff, appellee here, was affirmed by this court on appeal. 202 Fed. 144, 120 C. C. A. 322. Afterwards a rehearing in part was granted, with .the result tha+ the case was remanded to the District Court, “for the *860purpose of allowing the respective parties, in such manner and at such times as that court may prescribe, to put .in such additional competent testimony as they may be advised upon the question of the ownership of the personal property as claimed in the said answer, and that said District Court do thereupon, upon the testimony…

2Cases cited5 opinions

  1. Blease v. GarlingtonSupreme Court of the United States · 1876
  2. Thomson-Houston Electric Co. v. Jeffrey Manuf'g Co.U.S. Circuit Court for the District of Southern Ohio · 1897
  3. Kirkpatrick v. McBrideCourt of Appeals for the Fourth Circuit · 1913
  4. Kirkpatrick v. McBrideCourt of Appeals for the Fourth Circuit · 1912
  5. McBride v. KirkpatrickDistrict Court, N.D. West Virginia · 1913

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