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

Court of Appeals for the Fifth Circuit·Decided January 16, 1906·No. No. 1,446·Published·Cited by 20 cases

Opinions

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.

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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142 F. 132 (McCormick v. National City Bank of Waco) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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