State Nat. Bank of Ft. Worth v. Smith
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Texas. This action was brought by John X’. Smith, receiver of the City National Bank of Ft. Worth, Tex., to recover of the State National Bank of Ft. Worth and John 0. Harrison the sum of $(¡,000 and 10 per cent, interest per annum thereon from July 10, 1896. The petition alleged, in substance, that the State National Bank of Ft.
Read the full summary
In Error to the Circuit Court of the United States for the Northern District of Texas. This action was brought by John X’. Smith, receiver of the City National Bank of Ft. Worth, Tex., to recover of the State National Bank of Ft. Worth and John 0. Harrison the sum of $(¡,000 and 10 per cent, interest per annum thereon from July 10, 1896. The petition alleged, in substance, that the State National Bank of Ft. Worth was, at the date of the failure of the City National Bank, the legal and equitable owner and bolder of 00 shares of the capital stock of said bank; that said City National Bank…
1Opinion of the Court
Having stated the facts, the opinion of the court was delivered by
PARDEE, Circuit Judge.
This is not a case where, a jury having been waived, the court proceeded to make a special finding of facts, and then rendered judgment thereon, but rather a case where the court proceeded to make a general finding, and rendered judgment thereon, and thereafter— possibly during the term — allowed to be prepared, found, and filed special findings as to the facts proven on the trial of the case. We have had occasion to hold that in an action at law, where a jury *609is waived by stipulation in writing, the court…
2Cases cited9 opinions
- Norris v. JacksonSupreme Court of the United States · 1870
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Martinton v. FairbanksSupreme Court of the United States · 1885
- Raimond v. Terrebonne ParishSupreme Court of the United States · 1889
- Burr v. Des Moines R. & Nav. Co.Supreme Court of the United States · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Continental Nat. Bank v. National City Bank of New YorkCourt of Appeals for the Ninth Circuit · 1934
- Kuttroff v. United StatesCourt of Customs and Patent Appeals · 1925
- Ozark Pipe Line Corporation v. DeckerCourt of Appeals for the Eighth Circuit · 1929
- United States v. CleageCourt of Appeals for the Eighth Circuit · 1908
1 more not listed; retrieve them via the Exa API.