Dunsmuir v. Scott
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Action by James Dunsmuir against Joseph J. Scott, Collector of Internal Revenue, substituted in the place of August E. Muenter. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Action by James Dunsmuir against Joseph J. Scott, Collector of Internal Revenue, substituted in the place of August E. Muenter. Judgment for defendant, and plaintiff brings error. The plaintiff in error brought an action against the defendant in error, the Collector of Internal Revenue, for the First collection district of the state of California, to recover the sum of $2,968.80, paid under protest to such collector as a tax under the provisions of the…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The plaintiff in error contends that there is no evidence to support the finding of the District Court that Alexander Dunsmuir was domiciled in San Francisco at the time of his death, and to sustain that contention presents to this court by a bill of exceptions the testimony received in the court below.
*202[1] Under the provisions of Act March 3, 1865, 13 Stát. 501, Rev. St. §§ 649, 700 (U. S. Comp. St. 1913, §§ 1587, 1668), the rule is well settled that if a jury trial is waived, and a general finding is made by the court, review in an appellate Court is…
2Cases cited11 opinions
- Norris v. JacksonSupreme Court of the United States · 1870
- Tilt v. KelseySupreme Court of the United States · 1907
- Overby v. GordonSupreme Court of the United States · 1900
- Grayson v. LynchSupreme Court of the United States · 1896
- Thormann v. FrameSupreme Court of the United States · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- White v. United StatesCourt of Appeals for the Tenth Circuit · 1931
- Estate of BloomCalifornia Supreme Court · 1931
- China Press, Inc. v. WebbCourt of Appeals for the Ninth Circuit · 1925
- National Surety Co. v. Lincoln CountyCourt of Appeals for the Ninth Circuit · 1917
16 more not listed; retrieve them via the Exa API.