Plattner Implement Co. v. International Harvester Co.

Citations

• 133 F. 376
• 66 C.C.A. 438
• 1904 U.S. App. LEXIS 4423

Syllabus

<p>1. Factor’s Lien Implied by Law.</p> <p>A lien is implied by law, without any agreement between the parties, upon all the goods in the hands of a consignee, who is given the power to sell them, for the advances he makes for his consignor in conducting the business of his agency.</p> <p>2. Practice — Judges of Co-Ordinate Jurisdiction Should not Overrule Each Other’s Decisions.</p> <p>The various judges who sit in the same court should not attempt to overrule the decisions of each other, especially upon questions involving rules of property and practice, except for the most cogent reasons.</p> <p>-S. Same — Rule Inapplicable to Appellate Court.</p> <p>The foregoing rule is inapplicable to the appellate courts, whose duty it is to decide every question according to the law and the facts. Nor does it deprive the aggrieved party of the right to review and reverse a ruling which follows an erroneous decision of another judge, but it leaves the case in the same situation in which it would have been if the judge who rendered the first decision had made the rulings which followed it.</p> <p>4. Trial — Evidence—Erroneous Rejection — Presentation of all Evidence not Requisite.</p> <p>The rejection of competent evidence to sustain a cause of action or defense, on the sole ground that no evidence in support of it is admissible is not less erroneous because all the evidence requisite to sustain the causé of action or demand was not presented.</p> <p>5. Same — Litigant Procuring Ruling that no Evidence Admissible may not Sustain Because Evidence Insufficient.</p> <p>One who has induced a court to exclude competent evidence of his opponent upon the sole ground that no evidence in support of the latter’s claim is admissible may not sustain that ruling on the inconsistent ground that his opponent did not go through the useless form of offering to prove all the facts requisite to sustain his claim.</p> <p>(Syllabus by the Court.)</p>