City of Pontiac v. Talbot Pav. Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern Division of the Northern District of Illinois. Judgment is entered against the city of Pontiac, plaintiff In error and defendant below, in an action on the case, upon a general finding by the court that the defendant is guilty, and that plaintiff’s damages are assessed at the sum of $12,343; a trial by jury being waived.
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In Error to the Circuit Court of the United States for the Southern Division of the Northern District of Illinois. Judgment is entered against the city of Pontiac, plaintiff In error and defendant below, in an action on the case, upon a general finding by the court that the defendant is guilty, and that plaintiff’s damages are assessed at the sum of $12,343; a trial by jury being waived. The alleged cause of action, as set out in the several counts of the declaration, is failure and neglect on the part of the municipal authorities to provide “for a new special tax assessment” against…
1Opinion of the CourtSeaman, District Judge
The general finding by the court clearly determines all issues of fact. Fourth Nat. Bank of St. Louis v. City of Belleville, 53 U. S. App. 628, 27 C. C. A. 674, 83 Fed. 675, and cases cited. But it is not conclusive on all the questions involved, as contended on behalf of the defendant in error. Its utmost effect is to limit the inquiry on review “to the sufficiency of the declaration, and the rulings, if any be preserved, on questions of law arising during the trial.” Lehnen v. Dickson, 148 U. S. 71, 72, 13 Sup. Ct. 481. In the case of general verdict on a trial by jury, the finding…
2Cases cited11 opinions
- Teal v. WalkerSupreme Court of the United States · 1884
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- Commercial National Bank v. City of PortlandOregon Supreme Court · 1893
- People Ex Rel. Ready v. Mayor of SyracuseNew York Court of Appeals · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gray v. City of Santa FeCourt of Appeals for the Tenth Circuit · 1937
- Municipal Securities Corp. v. Kansas CitySupreme Court of Missouri · 1915
- Broad v. City of MoscowIdaho Supreme Court · 1908
- Severns Paving Co. v. Oklahoma CitySupreme Court of Oklahoma · 1932
- Cushman v. Warren-Scharf Asphalt Paving Co.Court of Appeals for the Seventh Circuit · 1915
9 more not listed; retrieve them via the Exa API.