City of Colorado v. Harrison

Fifth Circuit

City of Colorado v. Harrison

228 F. 894, 143 C.C.A. 292, 1915 U.S. App. LEXIS 2074

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 13, 1915

DocketNo. 2737

StatusPublished

Cited by1 cases

This text of 228 F. 894 (City of Colorado v. Harrison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Colorado v. Harrison, 228 F. 894, 143 C.C.A. 292, 1915 U.S. App. LEXIS 2074 (5th Cir. 1915).

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Opinion

PER CURIAM.

“As * * * both parties asked the- court to instruct the verdict, both affirmed that there was no disputed question of fact which could operate to deflect or control the question of law. This was necessarily a request that the court find the facts, and the parties are, therefore, concluded by the finding made by the court, upon which the resulting instruction of law was given. The- facts having been thus submitted to the court, we are limited in reviewing its action to the consideration of the correctness of the finding on the law, and must affirm, if there be any evidence in support thereof.” Beuttell v. Magone, 157 U. S. 154, 157, 15 Sup. Ct. 566, 567 (39 L. Ed. 654); Sena v. American Turquoise Co., 220 U. S. 497, 598, 31 Sup. Ct. 488, 55 L. Ed. 559.

The evidence offered by the plaintiff as shown in the bill of exceptions not only makes a prima facie case in his favor, but fully supports the finding of the court. See Presidio County v. Noel etc., [895]*895212 U. S. 58, 29 Sup. Ct. 237, 53 L. Ed. 402; Quinlan v. Green County, 205 U. S. 410, 419, 27 Sup. Ct. 505, 51 L. Ed 860; Provident Trust Co. v. Mercer County, 170 U. S. 593, 601, 18 Sup. Ct. 788, 42 L. Ed. 1156; City of Evansville v. Dennett, 161 U. S. 434, 16 Sup. Ct. 613. 40 L. Ed. 760; City of Lampasas v. Talcott, 94 Fed. 457, 36 C. C. A. 318; Young v. City of Colorado (Tex. Civ. App.) 174 S. W. 986.

The judgment of the District Court is affirmed.

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PER CURIAM.

“As * * * both parties asked the- court to instruct the verdict, both affirmed that there was no disputed question of fact which could operate to deflect or control the question of law. This was necessarily a request that the court find the facts, and the parties are, therefore, concluded by the finding made by the court, upon which the resulting instruction of law was given. The- facts having been thus submitted to the court, we are limited in reviewing its action to the consideration of the correctness of the finding on the law, and must affirm, if there be any evidence in support thereof.” Beuttell v. Magone, 157 U. S. 154, 157, 15 Sup. Ct. 566, 567 (39 L. Ed. 654); Sena v. American Turquoise Co., 220 U. S. 497, 598, 31 Sup. Ct. 488, 55 L. Ed. 559.

The evidence offered by the plaintiff as shown in the bill of exceptions not only makes a prima facie case in his favor, but fully supports the finding of the court. See Presidio County v. Noel etc., [895]*895212 U. S. 58, 29 Sup. Ct. 237, 53 L. Ed. 402; Quinlan v. Green County, 205 U. S. 410, 419, 27 Sup. Ct. 505, 51 L. Ed 860; Provident Trust Co. v. Mercer County, 170 U. S. 593, 601, 18 Sup. Ct. 788, 42 L. Ed. 1156; City of Evansville v. Dennett, 161 U. S. 434, 16 Sup. Ct. 613. 40 L. Ed. 760; City of Lampasas v. Talcott, 94 Fed. 457, 36 C. C. A. 318; Young v. City of Colorado (Tex. Civ. App.) 174 S. W. 986.

The judgment of the District Court is affirmed.

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Bluebook (online)

228 F. 894, 143 C.C.A. 292, 1915 U.S. App. LEXIS 2074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-colorado-v-harrison-ca5-1915.

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