Opinion · Supreme Court of the United States
Ex Parte Century Indemnity Co.
305 U.S. 354
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1938-12-12
- Topic
- general
How later courts describe this case
- finding no error that lower court “found another ground for its action, — a ground not dealt with in its former ruling and not presented” by the first appeal
Citator
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- Cited by
- 10 opinions
EX PARTE CENTURY CO.,305 U.S. 354(1938)
59 S.Ct. 239
EX PARTE CENTURY INDEMNITY CO.
No. ___, Original.
Decided December 12, 1938.
On the later hearing, the Circuit Court of Appeals found another ground for its action, — a ground not dealt with in its former ruling and not presented by the petition for certiorari. That was that defendant's proposedPage 356findings were "not incorporated in the bill of exceptions, either directly or by reference." The Circuit Court of Appeals refused to consider the assignments of error addressed to the rejection of these findings and again affirmed the judgment.96 F.2d 679.
On application of the defendant, this Court issued a rule directing the judges of the Circuit Court of Appeals to show cause why the judgment should not be vacated and the court be required to consider the assignments of error. The judges have made return to the rule.
While it appears from the bill of exceptions that the defendant "served and lodged its proposed findings of fact and conclusions of law," and the transcript contains a paper described as defendant's proposed findings of fact and conclusions of law, that paper is not included in the bill of exceptions and hence is not properly authenticated. 28 U.S.C. § 875.Insurance Companyv.Folsom, 18 Wall. 237, 249;McLeodv.United States,67 F.2d 740.
In view of that defect, we cannot direct the Circuit Court of Appeals to consider the assignments of error and the rule to show cause must be discharged.Rule discharged.Page 357