United States Supreme Court Cases & Opinions

U.S. Supreme Court

Clark v. Fredericks, 105 U.S. 4 (1881)

Clark v. Fredericks

105 U.S. 4

Syllabus

1. A judgment will not be reversed because the court below erred in directing the order in which the evidence was introduced unless it clearly appears that the complaining party was thereby injured.

2. An objection to matters which was not brought to the attention of the court below will not be considered here.

3. The finding below covering all the issues is conclusive, and where a request for special findings was refused, this Court will assume that they were not established by the evidence.

Davis, having obtained a judgment against Wellington A. Fredericks, sued out a writ of attachment by way of execution, which Clark, the Sheriff of Gallatin County, Montana Territory, levied upon some personal chattels alleged to belong to the judgment debtor, but which his wife claimed were her separate property. This suit was therefore brought in the district court of that county, by her against Clark and Davis, to recover possession of the chattels or their value in case the delivery of them could not be had.

There was a judgment for the plaintiff, which was, on appeal, affirmed by the supreme court of the territory. Clark and Davis sued out this writ.

The assignment of errors is set out in the opinion of the Court.

Page 105 U. S. 5