McCormick v. National City Bank of Waco

Fifth Circuit

McCormick v. National City Bank of Waco

142 F. 132, 73 C.C.A. 350, 1906 U.S. App. LEXIS 3658

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 16, 1906

DocketNo. 1,446

StatusPublished

Cited by20 cases

This text of 142 F. 132 (McCormick v. National City Bank of Waco) 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.

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McCormick v. National City Bank of Waco, 142 F. 132, 73 C.C.A. 350, 1906 U.S. App. LEXIS 3658 (5th Cir. 1906).

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PER CURIAM.

After evidence taken in this case each party requested the court to instruct the jury to return a verdict in his favor, thereby both affirming that there was no disputed question of fact which could operate to deflect or control the question of law, and necessarily requesting that the court find the facts. The parties are therefore concluded by the findings made by the court upon which the resulting construction of law was given, and this court in reviewing the action of the Circuit Court, is limited 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, 15 Sup. Ct. 566, 39 L. Ed. 654.

We find ample evidence in the record to support the conclusion of the court, and the judgment of the Circuit Court is therefore affirmed.

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PER CURIAM.

After evidence taken in this case each party requested the court to instruct the jury to return a verdict in his favor, thereby both affirming that there was no disputed question of fact which could operate to deflect or control the question of law, and necessarily requesting that the court find the facts. The parties are therefore concluded by the findings made by the court upon which the resulting construction of law was given, and this court in reviewing the action of the Circuit Court, is limited 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, 15 Sup. Ct. 566, 39 L. Ed. 654.

We find ample evidence in the record to support the conclusion of the court, and the judgment of the Circuit Court is therefore affirmed.

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142 F. 132, 73 C.C.A. 350, 1906 U.S. App. LEXIS 3658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccormick-v-national-city-bank-of-waco-ca5-1906.

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