American Cent. Ins. v. Heiserman

Eighth Circuit

American Cent. Ins. v. Heiserman

67 F. 947, 15 C.C.A. 95, 1895 U.S. App. LEXIS 2821

CourtCourt of Appeals for the Eighth Circuit

DecidedMay 13, 1895

DocketNo. 542

StatusPublished

Cited by3 cases

This text of 67 F. 947 (American Cent. Ins. v. Heiserman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Cent. Ins. v. Heiserman, 67 F. 947, 15 C.C.A. 95, 1895 U.S. App. LEXIS 2821 (8th Cir. 1895).

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Opinion

CALDWELL, Circuit Judge.

The first assignment is that the circuit court erred in not sustaining the defendant’s demurrer to the evidence. This demurrer was interposed at the close of the plaintiff’s evidence, and, when overruled by the court, the defendant proceeded to introduce its evidence. This was a waiver of the demurrer. The only other assignment not waived by counsel in the argument of the case is that the court wrongly instructed the jury on the measure of damages. But no exception was taken to the charge at the trial, or, if an exception was taken, that fact does not appear upon the record, and, not appearing of record, has no existence as a predicate for error. The judgment of the circuit court is affirmed.

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CALDWELL, Circuit Judge.

The first assignment is that the circuit court erred in not sustaining the defendant’s demurrer to the evidence. This demurrer was interposed at the close of the plaintiff’s evidence, and, when overruled by the court, the defendant proceeded to introduce its evidence. This was a waiver of the demurrer. The only other assignment not waived by counsel in the argument of the case is that the court wrongly instructed the jury on the measure of damages. But no exception was taken to the charge at the trial, or, if an exception was taken, that fact does not appear upon the record, and, not appearing of record, has no existence as a predicate for error. The judgment of the circuit court is affirmed.

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Bluebook (online)

67 F. 947, 15 C.C.A. 95, 1895 U.S. App. LEXIS 2821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-cent-ins-v-heiserman-ca8-1895.

Opinion

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