Legal Opinion

Southern Pac. Co. v. Kelley

Court of Appeals for the Seventh Circuit

Decided January 10, 1911No. 1,722PublishedCited by 3 opinions

In Error to the Circuit Court of the United States for the Northern District of Illinois. . Action at law by Frank J. Kelley against the Southern Pacific Company. Judgment of nonsuit, and defendant brings error.

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In Error to the Circuit Court of the United States for the Northern District of Illinois. . Action at law by Frank J. Kelley against the Southern Pacific Company. Judgment of nonsuit, and defendant brings error. The plaintiff in error was defendant below, in an action of assumpsit, brought by Kelley (as plaintiff), to recover the value of an automobile delivered to the defendant, for transportation to California; and the suit was commenced in the municipal court of Chicago, and removed to the United States Circuit Court on petition of the defendant. After trial by the court (on waiver of a…

1Opinion of the CourtSeaman, Circuit Judge

(after stating the facts as above). [1] The judgment, whereof reversal is sought on behalf of the defendant below, dismisses the suit, and thus may be reviewable for error well assigned. So the plaintiff’s motion to dismiss the writ of error, for want of jurisdiction, is overruled, and we proceed to consideration of the proposition of error relied upon for reversal — in substance, that the grant of a nonsuit, under the facts of record, was an unauthorized exercise of judicial power.

The bill of exceptions does not preserve the testimony, nor circumstances in reference to the prior finding and…

2Cases cited4 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Bronson v. SchultenSupreme Court of the United States · 1882
  3. Phillips v. NegleySupreme Court of the United States · 1886
  4. Goddard v. OrdwaySupreme Court of the United States · 1880

3Cited by3 opinions

  1. Iowa-Nebraska Light & Power Co. v. DanielsCourt of Appeals for the Eighth Circuit · 1933
  2. Massachusetts Fire & Marine Ins. v. SchmickCourt of Appeals for the Eighth Circuit · 1932
  3. Peters v. Mutual Life InsuranceDistrict Court, M.D. Pennsylvania · 1936

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