McDowell v. McCormick
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the District of Indiana. The plaintiffs in error, citizens of the state of Illinois (hereinafter mentioned as plaintiffs), sued the defendant in error, who was sheriff of La Porte county, state of Indiana (hereinafter mentioned as defendant), in the court below, in trespass, to recover damages for machinery and other personal property, of the alleged value of about $10,000, seized and sold by the defendant.
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In Error to the Circuit Court of the United States for the District of Indiana. The plaintiffs in error, citizens of the state of Illinois (hereinafter mentioned as plaintiffs), sued the defendant in error, who was sheriff of La Porte county, state of Indiana (hereinafter mentioned as defendant), in the court below, in trespass, to recover damages for machinery and other personal property, of the alleged value of about $10,000, seized and sold by the defendant. The issues were heard by the court on waiver of trial by a jury, resulting in a general finding “for the defendant,” and judgment…
1Opinion of the CourtSeaman, District Judge
(after stating the facts as above). The general finding for the defendant is conclusive upon all issues of fact raised by the pleadings, and the evidence-is not reviewable to ascertain whether it supports the finding. Error in the admission or re*64jection of testimony is alone subject to review. Martinton v. Fairbanks, 112 U. S. 670, 673, 5 Sup. Ct. 321, 28 L. Ed. 862, and cases cited, 10 Rose, Notes U. S. Reports, 936; Wilson v. Merchants’ Loan & Trust Co., 183 U. S. 121, 127, 22 Sup. Ct. 55, 46 L. Ed. 113; Distilling & Cattle Feeding Co. v. Gottschalk Co., 24 U. S. App. 638, 639, 13 C. C. A.…
2Cases cited14 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Peck v. JennessSupreme Court of the United States · 1849
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Harkrader v. WadleySupreme Court of the United States · 1898
- Martinton v. FairbanksSupreme Court of the United States · 1885
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3Cited by6 opinions
- O'Neil v. WelchCourt of Appeals for the Third Circuit · 1917
- State ex rel. Parsons Mining Co. v. McClureNew Mexico Supreme Court · 1913
- Ward v. FoulkrodCourt of Appeals for the Third Circuit · 1920
- Guaranty Trust Co. v. North Chicago St. R. Co.Court of Appeals for the Seventh Circuit · 1904
- Wood v. National Corp.District Court, E.D. Pennsylvania · 1919
1 more not listed; retrieve them via the Exa API.