Circuit Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
February 16, 1925.
Rehearing Denied March 16, 1925.
Attorney(s) appearing for the Case
Geo. Cosgrave and L. B. Hayhurst, both of Fresno, Cal., and Edward F. Treadwell, of San Francisco, Cal., for plaintiff in error.
Lindsay & Conley and Edward Schary, all of Fresno, Cal., and K. A. Miller, of Los Angeles, Cal. (W. M. Conley and Philip Conley, both of Fresno, Cal., of counsel), for defendant in error.
Before GILBERT, ROSS, and RUDKIN, Circuit Judges.
Circuit Court of Appeals, Ninth Circuit.
RUDKIN, Circuit Judge.
This is a writ of error to review a judgment in an action at law tried by the court without the intervention of a jury. There was no stipulation in writing waiving a jury filed with the clerk, as required by section 649 of the Revised Statutes (Comp. St. § 1587). In the absence of such a stipulation it has been held in an almost endless line of decisions that rulings made in the progress of the trial...
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