CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


EX PARTE CENTURY INDEMNITY CO., 305 U. S. 354 (1938)

Subscribe to Cases that cite 305 U. S. 354 RSS feed for this section

U.S. Supreme Court

Ex Parte Century Indemnity Co., 305 U.S. 354 (1938)

Ex Parte Century Indemnity Co.

No. ___, Original

Decided December 12, 1938

305 U.S. 354

dg:syll*

Syllabus

1. Upon a rule to show cause why a writ of mandamus should not issue requiring judges of the Circuit Court of Appeals to consider certain assignments of error which that court had declined to consider upon a ground which this Court, upon review, adjudged insufficient, it is an answer that another and sufficient ground for rejecting the assignments is revealed by the record. P. 305 U. S. 355. chanroblesvirtualawlibrary

Page 305 U. S. 355

2. Papers purporting to be proposed findings of fact and conclusions of law which are contained in the transcript but not in the bill of exceptions are not properly authenticated. P. 305 U. S. 356.

Rule discharged.

PER CURIAM.

On an appeal from a judgment for the plaintiff in an action at law, in which a jury was waived, the Circuit Court of Appeals refused to consider certain assignments of error upon the ground that they related to findings requested by the defendant after the trial had been concluded. The judgment was affirmed, 90 F.2d 644, and certiorari was granted. We were unable to accept the conclusion of the Circuit Court of Appeals that, when the trial court ordered "that judgment be entered for plaintiff, with interest and costs, upon findings of fact and conclusions of law to be presented," it was thereafter "too late adequately to present special findings of fact." It was not necessary to treat the first order for judgment as ending "the progress of the trial." 28 U.S.C. § 875. The qualifying words in the order were appropriate to suggest a "reservation of opportunity for further action." Accordingly, the judgment of the Circuit Court of Appeals was reversed, and the cause was remanded to that court for further proceedings in conformity with the opinion of this Court. Century Indemnity Company v. Nelson, 303 U. S. 213.

On the later hearing, the Circuit Court of Appeals found another ground for its action -- a ground not dealt with in its former ruling and not presented by the petition for certiorari. That was that defendant's proposed chanroblesvirtualawlibrary

Page 305 U. S. 356

findings were "not incorporated in the bill of exceptions, either directly or by reference." The Circuit Court of Appeals refused to consider the assignments of error addressed to the rejection of these findings, and again affirmed the judgment. 96 F.2d 679.

On application of the defendant, this Court issued a rule directing the judges of the Circuit Court of Appeals to show cause why the judgment should not be vacated and the court be required to consider the assignments of error. The judges have made return to the rule.

While it appears from the bill of exceptions that the defendant "served and lodged its proposed findings of fact and conclusions of law," and the transcript contains a paper described as defendant's proposed findings of fact and conclusions of law, that paper is not included in the bill of exceptions, and hence is not properly authenticated. 28 U.S.C. § 875; 85 U. S. 249; McLeod v. United States,@ 67 F.2d 740.

In view of that defect, we cannot direct the Circuit Court of Appeals to consider the assignments of error, and the rule to show cause must be discharged.

Rule discharged.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED