Anderson v. Tway

SIMONS, Circuit Judge.

My brothers agree with all of the views herein expressed except in respect to the admission of certain evidence which, in my judgment, it was error to receive and so prejudicial to the cause of the receiver as to require reversal and remand of the cause to the District Court for retrial. They disagree also with the view that the newly discovered evidence submitted to the court upon petition for rehearing, had such material bearing upon the issues as to require its submission to the jury upon a retrial. It lollows, therefore, that in respect to such matters the opinion is…