Board of Com'rs of Muddy Bottom Swamp Land Dist. No. 1 v. Equitable Surety Co.
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Northern District of Mississippi; Henry C. Niles, Judge. Action by the Board of Commissioners of Muddy Bottom Swamp Land District, No. 1, Tippah County, Miss., against the Equitable Surety Company. There was a judgment for defendant, and plaintiff brings error.
1Opinion of the Court
WALKER, Circuit Judge.
[1] Th'is case was formerly before this court on a writ of error sued out by the defendant to obtain a review of a judgment in favor of the plaintiff. Equitable Surety Co. v. Board of Commissioners, 231 Fed. 33, 145 C. C. A. 221. The pending writ of error presents for review a judgment in favor of the defendant, rendered on a verdict which the court directed. What is now complained of is the giving of the instruction just mentioned. The action of this court on the former writ of error was based upon the trial court’s refusal in the first trial to give some of the…
2Cases cited1 opinion
- Equitable Surety Co. v. Board of Com'rs of Muddy Bottom Swamp Land Dist. No. 1Court of Appeals for the Fifth Circuit · 1916
3Cited by1 opinion
- Equitable Surety Co. v. Board of Com'rsCourt of Appeals for the Fifth Circuit · 1919