Legal Opinion

Smith v. Moore

Court of Appeals for the Ninth Circuit

Decided October 7, 1912No. 2,067PublishedCited by 31 opinions

Appeal from the Circuit Court of the United States for the District of Montana. Suit by Nellie Mae Moore against John M. Smith and others. Decree for complainant, and defendánts appeal. This is the second time this case has been brought here. On the first occasion the present appellee was the appellant, and the present appellants the appellees.

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Appeal from the Circuit Court of the United States for the District of Montana. Suit by Nellie Mae Moore against John M. Smith and others. Decree for complainant, and defendánts appeal. This is the second time this case has been brought here. On the first occasion the present appellee was the appellant, and the present appellants the appellees. The opinion of this court on that appeal will be found reported in (O. O. A.) 182 Fed. 540, where the facts out of which the cause arose will be found fully stated, and which appeal resulted in the reversal of the then judgment of the' trial court,…

1Opinion of the CourtRoss, Circuit Judge

(after stating the facts as above). To the report of the master numerous exceptions were filed on behalf of the defendánts to the cause. Among the findings of the master excepted to by the defendants and approved by the court is the following :

“Total amount of money received by and paid to John M. Smith by Smith Bros. Sheep Company as informal dividends since the 23d day of May, 1S99, with interest thereon at 8 per cent, per annum, with annual rests, to the 23d day of May, 1911 (See Complainant's Exhibit A — 24) $401,008.45”

—from which appears deducted as improperly charged to John M. Smith…

2Cases cited29 opinions

  1. Home Fire Insurance v. BarberNebraska Supreme Court · 1903
  2. United States v. Milwaukee Refrigerator Transit Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1905
  3. Aransas Pass Harbor Co. v. ManningTexas Supreme Court · 1901
  4. San Pedro Lumber Co. v. ReynoldsCalifornia Supreme Court · 1898
  5. Bacon v. United StatesCourt of Appeals for the Eighth Circuit · 1899

24 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. United States v. FeinbergCourt of Appeals for the Second Circuit · 1944
  2. Ramo, Inc. v. EnglishTexas Supreme Court · 1973
  3. Backus v. FinkelsteinDistrict Court, D. Minnesota · 1927
  4. Chattanooga Sav. Bank v. BrewerCourt of Appeals for the Sixth Circuit · 1927
  5. Hadley v. CommissionerCourt of Appeals for the D.C. Circuit · 1929

26 more not listed; retrieve them via the Exa API.

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