Leapley v. Matthews

District of Columbia Circuit Court of Appeals

Submitted May 6, 1931.

Decided June 1, 1931.

District of Columbia Circuit Court of Appeals · decided 1931-06-01

Cited by 1 later decisions — most recently May 1943

1 state decisions

2 counsel of record

Relies on 22 App. D.C. 395 - Hill v. United States · Whelan v. Welch · Preleau v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 1931-06-01

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¶1Wm. F. Kelly and P. J. J. Nicolaides, both of Washington, D. C., for plaintiff in error.

¶2G. Lyle Hughes, of Washington, D. C., for defendant in error.

¶3Before MARTIN, Chief Justice, and ROBB, HITZ, and GRONER, Associate Justices.

¶4HITZ, Associate Justice.

¶5The only error assigned to which exception was taken in the court below is the third: “The Court erred in overruling the plaintiff’s motion for new trial, because the finding of fact is contrary to the evidence, the weight of the evidence and the law.”

¶6“According to federal practice this is not assignable as error.” Whelan v. Welch, 50 App. D. C. 174, 269 F. 689, 690, and eases cited; Preleau v. U. S., 50 App. D. C. 287, 271 F. 361; Hill v. U. S., 22 App. D. C. 396.

¶7The judgment is therefore affirmed, with costs.

¶8Affirmed.