Century Indemnity Co. v. Nelson

On February 28, 1938, the Supreme Court ( 58 S.Ct. 531 , 82 L.Ed. ■ — •), reversed our decision in the above-entitled case (9 Cir., 90 F.2d 644 ) and remanded the case to us for a consideration of eleven assignments of error predicated upon the refusal of the trial court to adopt special findings of fact and conclusions of law proposed by the appellant. The specifications of error presented to the Supreme Court upon the petition for certiorari, 58 S.Ct. 55 , 82 L.Ed. -, were as follows:

“1. The decision of the Circuit Court of Appeals is in conflict with the decisions of other circuit courts of appeals in matters of procedure.

“2. The decision of the Circuit Court of Appeals is in conflict with the decisions of this Court in the matter of considering plain error.”

The Supreme Court held that in view of rule 42 of the District Court of the United States for the Northern District Pf California, and the order for judgment indicating that it was to be based upon findings thereafter to be prepared, the trial did not end until such findings were adopted by the trial court, and, consequently, that appellant’s proposed findings which had theretofore been lodged with the court were…