Legal Opinion · Dissent

Hartford Accident & Indemnity Co. v. Murphy

Court of Appeals for the Fifth Circuit

Decided December 2, 1946No. 11763Published

1DissentHutcheson, Circuit Judge

The judgment, confected by this court out of an impossible verdict and an erroneous judgment on it, gives appellee less than the sum awarded him by either verdict or judgment below. It does not follow, though, as the majority opinion seems to hold, that since appellee is satisfied with this result, appellant must be.

The judgment appealed from was entered on a general verdict of a jury, and “if any*509thing is settled in proceedings at law where a jury is impanelled to try the facts, it is that the verdict must find the matter in issue between the parties, and the judgment of the court must…

2Cases cited6 opinions

  1. Dimick v. SchiedtSupreme Court of the United States · 1935
  2. Bennett v. ButterworthSupreme Court of the United States · 1851
  3. Fidelity & Casualty Co. v. McLaughlinTexas Supreme Court · 1940
  4. Mutual Ben. Health & Accident Ass'n v. ThomasCourt of Appeals for the Eighth Circuit · 1941
  5. Continental Casualty Co. v. LittleCourt of Appeals for the Fifth Circuit · 1946

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