Legal Opinion

Aetna Life Ins. v. Board of County Com'rs

Court of Appeals for the Eighth Circuit

Decided March 1, 1897No. 834PublishedCited by 19 opinions

In Error to the Circuit Court of the United States for the District of Kansas. Tills action was brought in the United States circuit court for the district of Kansas, Second division, to recover the amount of a large number of overdue coupons, pertaining to two issues of funding bonds of Hamilton county, Kan.

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In Error to the Circuit Court of the United States for the District of Kansas. Tills action was brought in the United States circuit court for the district of Kansas, Second division, to recover the amount of a large number of overdue coupons, pertaining to two issues of funding bonds of Hamilton county, Kan. One of such issues, of 2» bonds for the sum of St,000 each, purported to have been made on May 7, 1887, at Kendall, in said county, under the seal of the county, and to be signed by J. M. Neeland, chairman of the hoard oX county commissioners, and attested and registered by J. M. Hicks,…

1Opinion of the CourtLochren, District Judge

1. It rested in the discretion of the court to make a general -finding, instead of special findings. The finding might be as general as the verdict of a jury, and have the same effect. Rev. St. U. S. § 649; City of Key West v. Baer, 13 C. C. A. 572, 66 Fed. 440.

2. The judgment entered on June 3, 1895, having, as appears by the statement of the judge, been inadvertently ordered to be entered, was properly, upon the judge’s own motion, three days later in the same term, set aside and held for naught. The court had full power over its judgments and orders to vacate them or correct them during…

2Cases cited4 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Goddard v. OrdwaySupreme Court of the United States · 1880
  3. City of Key West v. BaerCourt of Appeals for the Fifth Circuit · 1895
  4. Mason v. RyusSupreme Court of Kansas · 1881

3Cited by19 opinions

  1. Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  2. Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
  3. United States v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1921
  4. Denver Live Stock Commission Co. v. LeeCourt of Appeals for the Eighth Circuit · 1927
  5. Commonwealth Ex Rel. McClenachan v. ReadingSupreme Court of Pennsylvania · 1939

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