CHAMP SPRING CO.
v.
UNITED STATES

U.S. | 1931-05-18
No. 876
283 U.S. 852 Supreme Court of the United States (1931) Positive Treatment
Cited by 9 cases

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  • Warriner v. James Archer Smith Hosp., Inc., 252 So. 2d 859 (Fla. 3d DCA 1971)
    …n he proceeded without the appellant. We think that he did not. Maistrosky v. Harvey, Fla.App.1961, 133 So. 2d 103; Lightsee v. First National Bank of Melbourne, Fla.App.1961, 132 So. 2d 776; Smith v. Daniel, 46 F. 2d 740 (6th Cir. 1931), cert. den. 283 U.S. 852, 51 S.Ct. 651, 75 L.Ed. 1460. 17 Am.Jur.2nd Continuance § 14 (1964), annot., 67 A.L.R.2d 477 (1959). A recess was not requested and the record does not show facts which would have made the denial of a proper motion for a recess or continuance error.…
  • Vietti v. Wayne, 136 F.2d 771 (D.C. Cir. 1943)
    …ate order will be entered denying the petition in the present case. General Rules, U.S.Ct.App., Rules 9, 42(a); Federal Rules Civil Procedure, Rule 73, 28 U.S.C.A. following section 723c; Rogers v. Watson, 7 Cir., 46 F. 2d 753, certiorari denied 283 U.S. 852, 51 S.Ct. 561, 75 L.Ed. 1460; Hill v. Chicago & Evanston R. R., 140 U.S. 52, 54, 11 S.Ct. 690, 35 L.Ed. 331. Vietti v. Wayne, - U.S.App.D.C. -, 136 F. 2d 769, decided May 29, 1943.…
  • Luzier's, Inc. v. NEE, 106 F.2d 130 (8th Cir. 1939)
    …411; Guilford Const. Company, et al., v. Briggs, 4 Cir., 102 F. 2d 46. The burden of proof was on the plaintiff to show that it was entitled to recover. This Court, in Champ Spring Company v. United States, 8 Cir., 47 F. 2d 1, 3, certiorari denied, 283 U.S. 852, 51 S.Ct. 560, 75 L.Ed. 1459, said: “It was therefore incumbent upon the plaintiff, to entitle it to recover, to show, npt that the defendant had by some illegal method secured these funds, but that the plaintiff had a better right to them than the…

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