Armstrong

Armstrong v. New La Paz Gold Mining Co.

Good Law
107 F.2d 453·1939 U.S. App. LEXIS 2769
United States Court of Appeals for the Ninth CircuitNovember 8, 1939No. 9167California1,629 words

Opinion

Lead Opinion

Stephens, J.

Complaint was brought in 'the District Court by the appellee corporation against “Aikman Armstrong, Wallace Mark Plummer, B. W. Vallet and Charles Burr McDonald, doing business as Palo Verde Commercial Company, Defendants”, claiming damages for conversion of personal property. The Complaint alleges that the plaintiff is a corporation organized under and by virtue of the laws of the State of Arizona; that the defendants Plummer and Armstrong are citizens of the State of California; and that the defendant McDonald is a citizen of the State of Arizona. Upon motion of the plaintiff, before answer, the action was ordered dismissed as to McDonald and judgment to such effect was duly entered. No appeal has been taken therefrom. After trial, which was had without a jury, judgment went in favor of the plaintiff and against all remaining defendants, who appeal. The appeal appears also to include the dismissed defendant McDonald, but as he is not a party to the judgment appealed from such attempted appeal is dismissed. The appeal on its face is also from the order denying defendants’ motion for a new trial. We shall, of course, notice only the appeal from the judgment.

Appellants attack the…

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