Opinion · Court of Appeals for the Ninth Circuit

American Surety Co. of New York v. Jackson

26 F.2d 248

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1928-05-07
Topic
general

PER CURIAM. The appellee has petitioned for a rehearing upon two grounds: First, because the court did not consider or determine the effect of a preferred claim in the sum of $800 in favor of one Jeffries, arising out of a special deposit dissipated by the bank; and, second, because the court did not specify or define the issues to be retried. The first question was not considered or decided by the court below, and for that reason was not considered by this court, and the granting of a new trial reopens every issue in the case except as to questions definitely and finally determined by the appellate court. Petition denied.

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Cited by
1 opinion
AMERICAN SURETY CO. OF NEW YORK v. JACKSON,26 F.2d 248(9th Cir. 1928)
AMERICAN SURETY CO. OF NEW YORK v. JACKSON.
No. 5324.
Circuit Court of Appeals, Ninth Circuit.
May 7, 1928.
Appeal from the District Court of the United States for the Southern Division of the District of Idaho; Charles C. Cavanah, Judge.

On petition for rehearing. Petition denied.

For former opinion, see24 F.2d 768.
Richards Haga, of Boise, Idaho, for appellant.

Scatterday Stone, of Caldwell, Idaho, and Frank T. Wyman, of Boise, Idaho, for appellee.
Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.
PER CURIAM.
The appellee has petitioned for a rehearing upon two grounds: First, because the court did not consider or determine the effect of a preferred claim in the sum of $800 in favor of one Jeffries, arising out of a special deposit dissipated by the bank; and, second, because the court did not specify or define the issues to be retried. The first question was not considered or decided by the court below, and for that reason was not considered by this court, and the granting of a new trial reopens every issue in the case except as to questions definitely and finally determined by the appellate court.

Petition denied.Page 249