United States ex rel. Turner v. Garfield

D.C. Circuit

United States ex rel. Turner v. Garfield

33 App. D.C. 195, 1909 U.S. App. LEXIS 6047

CourtCourt of Appeals for the D.C. Circuit

DecidedApril 6, 1909

DocketNo. 1926

StatusPublished

This text of 33 App. D.C. 195 (United States ex rel. Turner v. Garfield) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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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United States ex rel. Turner v. Garfield, 33 App. D.C. 195, 1909 U.S. App. LEXIS 6047 (D.C. Cir. 1909).

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Opinion

Mr. Justice Van Orsdel

delivered the opinion of the Court:

This case, on the same facts and pleadings presented by this appeal, was considered by this court at the April term, 1908, 31 App. D. C. 332.

In the former appeal, the case came here on petition and answer, and demurrer to the answer.. On hearing in the supreme court of the District of Columbia, the demurrer was overruled, and from that ruling a special appeal was taken. We reversed the ruling and remanded- the case for further proceedings in accordance with the views expressed in our opinion. "When the mandate was filed in the court below, appellants refused to plead over, and elected to stand on their demurrer. Accordingly, a judgment was entered dismissing the action and assessing costs against the petitioner. From this judgment the present appeal is prosecuted.

We find no reason to change or modify our views as expressed in our former opinion. The judgment is therefore affirmed with costs, and it is so ordered. Affirmed.

A writ of error to the Supreme Court of the United States applied for by the appellant, was allowed May 11, 1909.

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Mr. Justice Van Orsdel

delivered the opinion of the Court:

This case, on the same facts and pleadings presented by this appeal, was considered by this court at the April term, 1908, 31 App. D. C. 332.

In the former appeal, the case came here on petition and answer, and demurrer to the answer.. On hearing in the supreme court of the District of Columbia, the demurrer was overruled, and from that ruling a special appeal was taken. We reversed the ruling and remanded- the case for further proceedings in accordance with the views expressed in our opinion. "When the mandate was filed in the court below, appellants refused to plead over, and elected to stand on their demurrer. Accordingly, a judgment was entered dismissing the action and assessing costs against the petitioner. From this judgment the present appeal is prosecuted.

We find no reason to change or modify our views as expressed in our former opinion. The judgment is therefore affirmed with costs, and it is so ordered. Affirmed.

A writ of error to the Supreme Court of the United States applied for by the appellant, was allowed May 11, 1909.

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Bluebook (online)

33 App. D.C. 195, 1909 U.S. App. LEXIS 6047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-ex-rel-turner-v-garfield-cadc-1909.