Century Indemnity Co. v. Nelson, 303 U.S. 213 (1938)

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Century Indemnity Co. v. Nelson

No. 362

Argued February 2, 1938
Decided February 28, 1938
303 U.S. 213

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

After the submission of a law case tried without a jury, the District Court ordered "that judgment be entered for plaintiff . . . upon findings of facts and conclusions of law to be presented." Thereafter, in accordance with a rule of the court, special findings of fact and conclusions of law were proposed by each side; those offered by the plaintiff were adopted by the judge, and formal judgment was ordered and entered. Held that the first order was preliminary; that rejections of defendant’s proposed findings were rulings made "in the progress of the trial," within the meaning of 28 U.S.C. § 875, and reviewable by the Circuit Court of Appeals. P. 215.

90 F.2d 644 reversed.

Certiorari, 302 U.S. 674, to review the affirmance of a judgment of the District Court in an action at law tried without a jury.