Fidelity & Deposit Co. of Maryland v. United States ex rel. Woods

Ninth Circuit

Fidelity & Deposit Co. of Maryland v. United States ex rel. Woods

72 F.2d 828, 1934 U.S. App. LEXIS 4702

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 7, 1934

DocketNo. 7378

StatusPublished

Cited by2 cases

This text of 72 F.2d 828 (Fidelity & Deposit Co. of Maryland v. United States ex rel. Woods) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fidelity & Deposit Co. of Maryland v. United States ex rel. Woods, 72 F.2d 828, 1934 U.S. App. LEXIS 4702 (9th Cir. 1934).

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Opinion

WILBUR, Circuit Judge.

The Fidelity & Deposit Company of Maryland was surety for Joseph Mayer, former trustee in bankruptcy for Frank J. Victor, Inc., and appeals from a judgment rendered against it in an action at law tried by the court sitting without a jury in pursuance of a stipulation in open court waiving the jury. The judgment is for the sum of $86.24 on one count and $1,937.61 on the other. Appellant contends that the evidence is insufficient to sustain the judgment. This question was not raised in the trial court either by motion or by request for findings or conclusion of law, and, consequently, cannot be considered by us.

The assignments with reference to the admission of evidence will not be considered because they do not conform to the rules of this court (Rule No. 11).

Judgment affirmed.

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WILBUR, Circuit Judge.

The Fidelity & Deposit Company of Maryland was surety for Joseph Mayer, former trustee in bankruptcy for Frank J. Victor, Inc., and appeals from a judgment rendered against it in an action at law tried by the court sitting without a jury in pursuance of a stipulation in open court waiving the jury. The judgment is for the sum of $86.24 on one count and $1,937.61 on the other. Appellant contends that the evidence is insufficient to sustain the judgment. This question was not raised in the trial court either by motion or by request for findings or conclusion of law, and, consequently, cannot be considered by us.

The assignments with reference to the admission of evidence will not be considered because they do not conform to the rules of this court (Rule No. 11).

Judgment affirmed.

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72 F.2d 828, 1934 U.S. App. LEXIS 4702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fidelity-deposit-co-of-maryland-v-united-states-ex-rel-woods-ca9-1934.

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