Thatcher v. Gottlieb

• Decision Date: 18 February 1893
• Citation: 54 F. 312
• Parties: THATCHER v. GOTTLIEB.
• Court: U.S. District Court — District of Colorado

54 F. 312

THATCHER v. GOTTLIEB.

United States Circuit Court, D. Colorado.

February 18, 1893

V. D Markham and J. W. Mills, for plaintiff.

R. T McNeal, for defendant.

RINERDistrict Judge.

This case is before the court on motion for a new trial.The case has been three times tried in this court and once in the court of appeals.The first trial resulted in a finding in favor of the plaintiff, and the defendant took a new trial under the statute.On the second trial of the case, judgment having been entered in favor of the plaintiff, the defendant carried the case to the court of appeals, (51 F. 373, 2 C.C.A. 278,) where the judgment of the circuit court was reversed, with directions to enter a judgment for the defendant, which was done, and thereupon the plaintiff took a new trial under the statute, and the case came on again for trial before this court and a jury at the November, 1892 term.At the conclusion of the evidence the court directed the jury to return a verdict for the defendant, which action of the court is now assigned for error, and is made the basis for this motion.

Since the motion was argued, I have examined very carefully the transcript of the record before the court of appeals, and am satisfied that the material facts as disclosed by the evidence upon this trial are substantially the same as they were upon the former trial before this court, and substantially the same as the facts before the court of appeals.When that court held the facts sufficient as a basis for an opinion directing a verdict for the defendant, did it not, in effect, say that...