Farmers' & Merchants' Bank of Vandalia, Ill. v. Maines

Citations

• 195 F. 62
• 115 C.C.A. 64
• 1912 U.S. App. LEXIS 1342

Syllabus

<p>1. Sheriffs and Constables (§ 138*)—Insufficient Lew—Evidence.</p> <p>Where, .in an action against a sheriff for failing to levy on sufficient property to satisfy a debt, it appeared that after the levy the debtor mortgaged certain chattels, and the nominal mortgagee testified that the mortgage was executed and filed without his knowledge, and that he lent no money to or had no transaction with the debtor, and such testimony was not contradicted, the mortgage was properly excluded.</p> <p>[Ed. Note.—For other cases, see Sheriffs and Constables, Cent. Dig. §§ 290-296; Dec. Dig. § 138.*]</p> <p>2. Trial (§ 260*)—Instructions—Refusal—Matter Covered.</p> <p>Instructions substantially covered by those given are properly refused. [Ed. Note.—For other eases, see Trial, Cent. Dig. §§ 651-659; Dee. Dig. § 260.*]</p> <p>3. Trial (§ 250*)—Instructions—Refusal—Inapplicability to Case.</p> <p>Instructions inapplicable to the case are properly refused.</p> <p>[Ed. Note.—For other cases, see Trial, Cent. Dig. §§ 584-586; Dec. Dig. . § 250.*]</p>