General
SOUTHERN PACIFIC CO. v. MELVIN
157 F. 1005·United States Court of Appeals for the Fifth Circuit·1908
Before PARDEE, McCORMICK, and SHELBY, Circuit Judges.
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Opinion
SOUTHERN PACIFIC CO. v. MELVIN.
(Circuit Court of Appeals, Fifth Circuit.
February 11, 1908.)
No. 1,711.
In Error to the Circuit Court of the United States for the Western District of Texas.
T. J. Beall and Wyndham Kemp, for plaintiff in error.
Seymour Thurmond, for defendant in error.
Before PARDEE, McCORMICK, and SHELBY, Circuit Judges.
Rehearing denied March 24, 1908.
[MAJORITY — PER CURIAM.]
PER CURIAM.
The plea of privilege, based on facts to be proved, was voluntarily submitted to the judge a quo without the intervention of a jury. As there was no agreed statement of facts, nor any special finding of facts, we must accept the judge’s findings on the said plea as conclusive. Lehnen v. Dickson, 148 U. S. 71, 13 Sup. Ct 481, 37 L. Ed. 373. On the plea of lis pen-dens, and on the evidence submitted, we concur in the ruling of the trial judge. In the trial of the main case we find no reversible error. The judgment of the Circuit Court is affirmed.