City of Defiance v. Schmidt
Court of Appeals for the Sixth Circuit
In Error to and Appeal from the Circuit Court of the United States for the Northern District of Ohio. Two cases are before us—one at law, and the other in equity. Both were heard and decided by the court below, without the intervention of a jury, at the same time and upon substantially the same record.
Read the full summary
In Error to and Appeal from the Circuit Court of the United States for the Northern District of Ohio. Two cases are before us—one at law, and the other in equity. Both were heard and decided by the court below, without the intervention of a jury, at the same time and upon substantially the same record. The action at law was brought originally upon the coupons of certain bonds, and later, by supplemental petition, upon the bonds themselves, issued by the city of Defiance, Ohio, in 18S9, and held by the plaintiffs below as bona fide purchasers for value. The bonds recited that they were issued…
1Opinion of the CourtRichards, Circuit Judge
1. The record in the action at law contains numerous specifications of error, growing out of the admission or rejection of testimony, and based upon the rulings of the court in the progress of the trial. With respect to these, it is sufficient to point out that, although this case was tried and determined by the court without the intervention of a jury, there is nothing in the record to show that a stipulation in writing waiving a jury was filed with the clerk by the parties or their attorneys. This being the case, none of .the rulings of the court in the progress of the trial, as presented…
2Cases cited17 opinions
- Waite v. Santa CruzSupreme Court of the United States · 1902
- Bond v. DustinSupreme Court of the United States · 1884
- Evansville v. DennettSupreme Court of the United States · 1896
- Ashley v. Board of SupervisorsCourt of Appeals for the Sixth Circuit · 1893
- Hackett v. OttawaSupreme Court of the United States · 1879
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- City of Cleveland v. Walsh Construction Co.Court of Appeals for the Sixth Circuit · 1922
- Illinois Surety Co. v. United StatesCourt of Appeals for the Second Circuit · 1916
- City of Ironton v. Harrison Const. Co.Court of Appeals for the Sixth Circuit · 1914
- Royal Oak Drain Dist., Oakland County, Mich. v. KeefeCourt of Appeals for the Sixth Circuit · 1937
- Hodgson v. VroomCourt of Appeals for the Second Circuit · 1920
10 more not listed; retrieve them via the Exa API.