Marinette Sawmill Co. v. Scofield
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action by the Marinette Sawmill Company against Edward Scofield. Judgment for defendant, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action by the Marinette Sawmill Company against Edward Scofield. Judgment for defendant, and plaintiff brings error. Plaintiff in error, which was plaintiff below, a corporation and citizen of the state of Illinois, seeks a reversal of a judgment of the Circuit Court adjudging that plaintiff’s suit be abated as having been prematurely brought, •and awarding execution fór costs to defendant, a citizen of Wisconsin, and an’inhabitant of the Eastern district of Wisconsin. The cause is before the court upon…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). In the absence of any bill of exceptions, it may be assumed that the agreement set up in the answer is established. The circuit jttdge in his opinion says:
“Here an agreement is relied upon whereby, upon a meritorious consideration, it was stipulated that no suit should be brought upon the judgment in the federal court at Chicago until the happening of a given event.”
The record properly presented the question as to whether the pleadings support the finding and judgment of the court below. Slacum v. Pomery, 6 Cranch, 221, 3 L. Ed. 205; Lehnen v. Dickson, 148…
2Cases cited22 opinions
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Moore v. SargentIndiana Supreme Court · 1887
- Slacum v. PomerySupreme Court of the United States · 1810
- Stephens v. Monongahela BankSupreme Court of the United States · 1884
- Roberts v. LewisSupreme Court of the United States · 1892
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3Cited by1 opinion
- McHie v. McHieCourt of Appeals for the Seventh Circuit · 1935