Legal Opinion · Dissent

Blassengame v. Boyd

Court of Appeals for the Fourth Circuit

Decided April 18, 1910No. 898Published

Appeal from the Circuit Court of the United States for the Western District of North Carolina, at Asheville. Action by John T. Blassengame against David U. Boyd, the Board of County Commissioners, and others. Decree for defendants (172 Fed. 630), and plaintiff appeals.

1DissentWaddile, District Judge

I am unable to concur fully with the conclusion reached in this case by the majority of the court, in that I do not think there should have been an affirmance of the decree in the lower court in its entirety, but that it should have been modified so as to affirm the same" on the merits, and not on the refusal to allow the appellant his full costs. The controversy was a most heated and bitter one, involving great cost and expense, and appellant, plaintiff in the court below, recovered by the decree appealed from $3,151.59; and while this was much less than he con*5tended for, still his recovery…

2Cases cited9 opinions

  1. Citizens' Bank v. CannonSupreme Court of the United States · 1896
  2. Du Bois v. KirkSupreme Court of the United States · 1895
  3. The ScotlandSupreme Court of the United States · 1886
  4. City Bank of Fort Worth v. HunterSupreme Court of the United States · 1894
  5. Mills v. Virginia-Carolina Lumber Co.Court of Appeals for the Fourth Circuit · 1908

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