MEMORANDUM DECISIONS.
996
FOPPES et a1. v. UNITED STATES. (Circuit Court of Appeals, Second Circuit. May 27, 1896.) No. 725. Appeal from the Circuit Court of the United States for the Southern District of New York. Stanley. Clark & Smith, for appellants. Wallace Macfarlane, U. S. Atty. Dismissed on consent.
FOPPES et a1. v. UNITED S'rATES. (Circuit Court of Appeals, Second Circuit. January 23, 1895.) No. 397. Appeal from the Circuit Court of the United States for the Southern District of New York. Edwin V. Smith, for appellants. Henry C. Platt, Asst. U. S. Atty. No opinion. Decree affirmed.
FOWLER MANUF'G CO. v. PIERPONT BOILER CO. (CircuIt Court of Appeals, Sixth Circuit. July 8, 1896.) No. 436. Appeal from the Circuit Court of the United States for the Northern District of Ohio, Eastern Division. Lawrence Maxwell, Jr., and Ephraim Banning, for appellant. Thomas W. Bakewell, for appellee. No opinion. Judgment affirmed.
FRANKEL et a1. v. UNITED STATES. (Circuit Court of Appeals, Second Circuit. March 9, 1896.) No. 588. Appeal from the Circuit Court of the United States for the Southern District of New York. Currie, Smith & )fackie, for appellants. Wallace Macfarlane, U. S. Atty. No opinIon. Affirmed In open
court.
GARNER v. SECOND NA'r. BANK OF PROVIDENCE, R. 1. (Circuit Court of Appeals, Second Circuit. March 2, 1896.) No. 681. In error to the Circuit Court of the United States for the Southern District of New York. Aleck Thain, for plaintiff in error. J. Langdon Ward, for defendant lD error. No opinion. Dismissed, pursuant to the sixteenth rule.
THE GEORGE S. HOMER. HARRIS v. THE GEORGE S. HOMER et a1. (CircuIt Court of Appeals, second Circuit. December 19, 1894.) No. 404. Appeal from the District Court of the United States for the Eastern District of New York. J. A. Hyland, for appellants. E. L. Owen, for appellee. No opinion. Affirmed lD open court. OOUGAR v. MORSE. (Circuit Court of A.ppeals, First Circuit. November 10. 1896.) No. 178. Error to the CircuIt Court of the United States for the District of Massachusetts. Harvey N. Shepard, for plaintilf In error. Henry F. Bushnell, for defendant lD error. No opinion. Dismissed for fallure to print record. GRAHAM T. MACDONELD. (Circuit Court of A.ppeals, FIfth Olrcuit. November 24, 1896.) No. 513. Error to the Circuit Court of the United States for the Western District of Texas. Before PARDEE and McOORMICK, Circuit Judges, and NEWMAN, District Judge. McCORMICK, CIrcuit Judge. In this case a jury was waived by stipulation in writing. The record does Dot show that any exception was taken to
79 FEDERAL REPORTER.
the trial judge's rullngs, In the progress of the trial, on demurrers or exceptions to the pleadings or the admission or rejection of evidence. The finding of the judge was general, and to the effect that the court "is of oJ;linion that plaintiff has proven no cause of action." assi,gnment of error is substantially that "the court erred In rendering judgment against plaintiff." It thus clearly appears that the record presents no matter which can be reviewed on wrIt of error. City of Key West v. Baer, 13 C. C. A. 572-577, 66 Fed. 440-445, and cases there cited. The judgment of the circuit court is therefore affirmed.
GRAvms v. STEWART et al. (Circuit Court of Appeals, Second Circuit. April 20, 1896.) No. 633. Error from the Oircuit Oourt of the United States for the Northern District of New George L. Lewis. for plaintiff in error. John G. Milburn, for defendants in error. No opinion. JUdgment of circuit court affirmed, with interest and costs.
Eastern District of Michigan. H. O. Wisner and Fred O. Harvey, for appellant. John C. Shaw, for appellee. No opinion. JUdgment of district court affirmed. HAYDEN v. BROWN. (Circuit Oourt of Appeals, Second Olrcult. February
HARVEY v. WINNEY. (Circuit Oourt of Appeals, Sixth Circuit. April 24, 1896.) No. 405. Appeal from the District Oourt of the United States for the
3, 1896.) No. 607. Appeal from the Oircult Oourt of the United States for the District of Vermont. W. L. Burnap and T. G. Strong, for appellant. George
W. Ellis, for appellee. No opinion. Order entered on consent reversing judg. ment.
HOSTETTER CO. v. BECKER. (CirCUit Court of Appeals,,8econd Circuit. January 13, 1897.) Appeal from the Olrcult Court of the United States for the Southern District of New York. OharlesPutzel, for appellant. Albert H. Clarke, for appellee. Before W ALLAOE, LACOMBE, and SHIPMAN, Circuit Judges. Decree atllrmed, With costs, on opinion of circuit court. See 73 Fed. 297. . "',. ,
HUBBARD v. TOD et at (Circuit Court of Appeals"JJJighth Circuit. April of the United States for tIle Northern District of Iowa. JohnC. Ooombs and Henry J. Taylor, for appel· lant. Francis B. Daniels, D. B. Henderson, Louis G. Hurd, George W. Wickersham, and George W. Kiesel, for appellees. No opinion. Affirmed by a divided court, and costs divided. 13, 1896.) No. 641. Appeal from the Circuit
JOHNSON v. UNITED STATES; (Circuit Court of Appeals, Second Circuit December 19, 1895.) No. 532. Appeal from the Circuit Oourt of the United States fOf,the, So1}-thernDllltrict of New York. Stanley, Olarke & Smith, for appellant. ,Wllilacli! Macfarlane,. U. S., Atty. No opinion. Afllrmed on opinion of court belo\y.· 6{1 Fed, 72(».