Legal Opinion

Community Bldg. Co. v. Maryland Casualty Co.

Court of Appeals for the Ninth Circuit

Decided November 9, 1925No. 4592PublishedCited by 32 opinions

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). Error is assigned to the denial of the motion of the plaintiff in error to remand the ease to the state court. The ground of the motion was that the contractor, who was a citizen of the state of California, and who had not appeared or been served with summons, did not join i-n the petition for removal. He was a necessary party defendant under the terms of the bond. While there are some early decisions and expressions in the text-books to the effect that all the defendants, whether or not they have been served and brought within the jurisdiction of the…

2Cases cited33 opinions

  1. Burgess v. SeligmanSupreme Court of the United States · 1883
  2. Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
  3. National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
  4. Columbia Digger Co. v. SparksCourt of Appeals for the Ninth Circuit · 1915
  5. Atlantic Trust & Deposit Co. v. Town of LaurinburgCourt of Appeals for the Fourth Circuit · 1908

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3Cited by32 opinions

  1. Pullman Co. v. JenkinsSupreme Court of the United States · 1939
  2. Wilson v. Town of MendonCourt of Appeals for the First Circuit · 2002
  3. Colorado Structures, Inc. v. Insurance Co. of the WestWashington Supreme Court · 2007
  4. Nu-Way Systems of Indianapolis, Inc. v. Belmont Marketing, Inc. And Service Finance CompanyCourt of Appeals for the Seventh Circuit · 1980
  5. Melvin E. Salveson, an Individual, and Electronic Currency Corporation, a Corporation v. Western States Bankcard Association, Melvin E. Salveson, an Individual, and Electronic Currency Corporation, a Corporation, Plaintiffs-Cross-Appellees v. Western States Bankcard Association and Mastercard International, Inc. (Formerly Interbank Card Association), Defendants-Cross-Appellants. Melvin E. Salveson, an Individual, and Electronic Currency Corporation, a Corporation, Plaintiffs-Cross-Appellees v. The Bank of California, N.A., Defendant-Cross-AppellantCourt of Appeals for the Ninth Circuit · 1984

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