Cook v. United States

Eighth Circuit

Cook v. United States

88 F.2d 681, 1937 U.S. App. LEXIS 3239

CourtCourt of Appeals for the Eighth Circuit

DecidedMarch 19, 1937

DocketNo. 10778

StatusPublished

This text of 88 F.2d 681 (Cook v. United States) 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

Cook v. United States, 88 F.2d 681, 1937 U.S. App. LEXIS 3239 (8th Cir. 1937).

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Opinion

PER CURIAM.

This is an appeal from a judgment for the United States in an action at law brought by the appellant to recover up[682]*682on a policy of war risk insurance issued to him and which he alleged in his complaint had matured by reason of his becoming totally and permanently disabled while his policy was in force. The case was, by stipulation of the parties, tried to the court without a jury: The trial court found “that plaintiff did not become totally and permanently disabléd on or prior to November 1, 1920, or at any time while said- insurance contract was in force and effect.”

The record on appeal contains no bill of exceptions. Therefore, this court has nothing before it but the primary record, consisting of the pleadings, the-process, the findings, and the judgment. McCuing v. Bovay (C.C.A.8) 60 F.(2d) 375, 377; Clune v. United States, 159 U.S. 590, 593, 16 S.Ct. 125, 40 L.Ed. 269; Metropolitan Railroad Co. v. District of Columbia, 195 U. S. 322, 332, 25 S.Ct. 28, 49 L.Ed. 219.

There is in this case no valid assignment of ■. error which - raises .any ' question which can be determined from the primary record. Hence the judgment must be.and is affirmed.

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PER CURIAM.

This is an appeal from a judgment for the United States in an action at law brought by the appellant to recover up[682]*682on a policy of war risk insurance issued to him and which he alleged in his complaint had matured by reason of his becoming totally and permanently disabled while his policy was in force. The case was, by stipulation of the parties, tried to the court without a jury: The trial court found “that plaintiff did not become totally and permanently disabléd on or prior to November 1, 1920, or at any time while said- insurance contract was in force and effect.”

The record on appeal contains no bill of exceptions. Therefore, this court has nothing before it but the primary record, consisting of the pleadings, the-process, the findings, and the judgment. McCuing v. Bovay (C.C.A.8) 60 F.(2d) 375, 377; Clune v. United States, 159 U.S. 590, 593, 16 S.Ct. 125, 40 L.Ed. 269; Metropolitan Railroad Co. v. District of Columbia, 195 U. S. 322, 332, 25 S.Ct. 28, 49 L.Ed. 219.

There is in this case no valid assignment of ■. error which - raises .any ' question which can be determined from the primary record. Hence the judgment must be.and is affirmed.

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Bluebook (online)

88 F.2d 681, 1937 U.S. App. LEXIS 3239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-united-states-ca8-1937.

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