CITY OF SOUTH JACKSONVILLE v. JACKSONVILLE TRACTION CO.

No. 5933.

50 F.2d 839 (1931)

CITY OF SOUTH JACKSONVILLE v. JACKSONVILLE TRACTION CO.

Circuit Court of Appeals, Fifth Circuit.

June 26, 1931.


Attorney(s) appearing for the Case

James Royall, of Jacksonville, Fla. (Edgar W. Waybright, of Jacksonville, Fla., on the brief), for appellant.

J. L. Doggett and W. McL. Christie, both of Jacksonville, Fla. (O. O. McCollum, C. C. Howell, and J. L. Doggett, Jr., all of Jacksonville, Fla., on the brief), for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

This case comes here by appeal from the finding and judgment of the court below, in a case tried without a jury upon an agreed statement of facts.

Appellant, defendant below, devotes a large part of its brief to the point made wholly immaterial by the stipulation of the facts, that appellee's declaration which began the suit was a suit upon the dishonored check, and not upon the debt which the check was given to pay. The case was...

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