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Fourth Circuit· 2/15/1912

Lawton v. Carpenter

Citations

  • 195 F. 362
  • 115 C.C.A. 264
  • 1912 U.S. App. LEXIS 1382

Syllabus

<p>Appeal and Error (§ 866*)—Review—Verdict—Request eob Direction by Both Parties.</p> <p>Where at the close of the evidence, which was conflicting, both parties moved for a directed verdict, and neither requested special instructions in addition thereto in the event the peremptory instructions were denied, such requests amounted to a stipulation to submit the case to the court on the facts, and hence, the court having directed a verdict for plaintiff, the Court of Appeals on a writ of error was limited to a consideration of the correctness of the court’s finding on the law, and must afSrm if there was .any evidence to support it.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 3467-3475; Dec. Dig. § 866.*]</p> <p>Connor, District Judge, dissenting.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • certifying the class action for one plaintiff but not for the other

Source: CourtListener parenthetical corpus (CC0).

Judges: Connor, Pritchard

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