United States Supreme Court
Published: 2012-02-01
Total Pages: 598
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Mr. Chief Justice Waite delivered the opinion of the court. We have jurisdiction of this case. The motion to dismiss is, therefore, denied; but as the only Federal question presented on the merits was decided by the court below in accordance with our rulings in National Bank v. Matthews (98 U. S. 621) and National Bank v. Whitney (103 id. 99), the motion to affirm is Granted. Clark v. Fredericks. 1. A judgment will not be reversed because the court below erred in directing the order in which the evidence was introduced, unless it clearly appears that the complaining party was thereby injured. 2. An objection to matters which wae not brought to the attention of the court below will not be considered here. 3. The finding below covering all the issues is conclusive, and where a request for special findings was refused, this court will assume that they were not established by the evidence. Error to the Supreme Court of the Territory of Montana. Davis, having obtained a judgment against Wellington A. Fredericks, sued out a writ of attachment, by way of execution, which Clark, the sheriff of Gallatin County, Montana Territory, levied upon some personal chattels alleged to belong to the judgment debtor, but which his wife claimed were her separate property. This suit was, therefore, brought in the District Court of that county, by her, against Clark and Davis, to recover possession of the chattels, or their value in case the delivery of them could not be had. There was a judgment for the plaintiff, which was, on appeal, affirmed by the Supreme Court of the Territory. Clark and Davis sued out this writ. The assignment of errors is set out in the opinion of the court. Mr. Richard T. Merrick and Mr. Martin F. Morris for the plaintiffs in error. Mr. Sam...