MCCOY

v.

PESCOR, WARDEN

Citator

Cited By

• State of Wash. v. United States, 214 F.2d 33 (9th Cir. 1954)
  …Herron v. Southern Pac. Co., 1931, 283 U.S. 91, 93, 95, 51 S.Ct. 383, 75 L.Ed. 857, or to grant a motion for judgment notwithstanding the verdict. Murphy v. United States District Court, etc., 9 Cir., 1944, 145 F. 2d 1018, dismissed on stipulation, 325 U.S. 891, 65 S.Ct. 1090, 89 L.Ed. 2003. On a question of the sufficiency of the evidence to support a verdict, “the evidence adduced by the opposing party shall be taken as true and all reasonable inferences deducible therefrom shall be given their most fav…
• Farmer v. Arabian Am. OIL Co. (a, 277 F.2d 46 (2d Cir. 1960)
  …, 889; and Cohen v. Bartgis Bros. Co., 264 App.Div. 260, 35 N.Y.S.2d 206, affirmed without opinion 289 N.Y. 846, 47 N.E. 2d 443. See also Droste v. Harry Atlas Sons, 2 Cir., 145 F. 2d 899, rehearing denied 2 Cir., 147 F. 2d 675, certiorari dismissed 325 U.S. 891, 65 S.Ct. 1408, 89 L.Ed. 2003. Each of these cases involved an agreement to pay commissions on all future orders received from customers initially solicited by the agent. Thus the contractual relationship between the parties was by its terms perma…
• Underwood v. Bomar, 335 F.2d 783 (6th Cir. 1964)
  …. While it has been held that there may be a review if the indictment is so fatally defective as to deprive the court of jurisdiction, McCoy v. Pescor, 145 F. 2d 260 (C.A. 8), cert. denied 324 U.S. 868, 65 S.Ct. 911, 89 L.Ed. 1423, rehearing denied, 325 U.S. 891, 65 S.Ct. 1083, 89 L.Ed. 2004; Knight v. Hudspeth, 112 F. 2d 137 (C.A. 10), cert. denied 311 U.S. 681, 61 S.Ct. 62, 85 L.Ed. 439, we find no such defect in the indictment in this case. Cf. Baker v. State, 203 Tenn. 574, 315 S.W. 2d 5, Throneberry v.…