Mason v. Smith
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. Action by Albert G. Mason against Charles A. Smith. Judgment for defendant, and plaintiff brings error.
1Per curiam
This case was tried by the court below without a jury, under express written waiver thereof, under Rev. Stat. § 649 (U. S. Comp. St. 1901, p. 525). No formal findings of fact were made or asked for. The court, however, filed an opinion, in which the conclusion (among others) was announced that plaintiff’s evidence did not make out the contract alleged in' his petition. Judgment for defendant was accordingly entered. Plaintiff’s motion for new trial was granted only so far as to permit the filing of an amended petition and the resubmission of the case thereunder upon the evidence theretofore…
2Cases cited11 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Norris v. JacksonSupreme Court of the United States · 1870
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Grayson v. LynchSupreme Court of the United States · 1896
- Humphreys v. Third Nat. Bank of CincinnatiCourt of Appeals for the Sixth Circuit · 1896
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3Cited by9 opinions
- Beam v. HamiltonCourt of Appeals for the Sixth Circuit · 1923
- Thatcher v. United StatesCourt of Appeals for the Sixth Circuit · 1914
- Lahman v. Burnes Nat. BankCourt of Appeals for the Eighth Circuit · 1927
- Philadelphia Casualty Co. v. FechheimerCourt of Appeals for the Sixth Circuit · 1915
- National Surety Co. v. Lincoln CountyCourt of Appeals for the Ninth Circuit · 1917
4 more not listed; retrieve them via the Exa API.