J. L. Owens Co. v. Officer
Court of Appeals for the Eighth Circuit
In Error to and Appeal from the District Court of the United States for the District of Minnesota; Wilbur F. Booth, Judge. Action at law by I. E. Officer and others against the J. L. Owens Company. To review an order entered on motion after judgment, defendant brings error. Suit in equity by the J. E. Owens Company against I. E. Officer and others. From an order entered on motion, complainant appeals.
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In Error to and Appeal from the District Court of the United States for the District of Minnesota; Wilbur F. Booth, Judge. Action at law by I. E. Officer and others against the J. L. Owens Company. To review an order entered on motion after judgment, defendant brings error. Suit in equity by the J. E. Owens Company against I. E. Officer and others. From an order entered on motion, complainant appeals. The writ of error and the appeal in those two cases, presenting the same points for decision, have been by counsel and will by the court be treated together. They are taken from identical…
1Opinion of the CourtStone, Circuit Judge
(after stating the facts as above).
[1] The contentions of the parties are somewhat complicated. They involve not only the proceedings immediately attacked, but also those of the above preliminary injunction in Equity, No. 64.
The company claims that the preliminary injunction proceedings in Equity, No. 64, constituted an adjudication of a right of set-off of the two judgments, with full settlement of the terms thereof, and also an order of preliminary injunction restraining execution in No. 338 until final determination of No. 351. Therefore the court, in ruling on the motions brought here,…
2Cases cited2 opinions
- Hroch v. Aultman & Taylor Co.South Dakota Supreme Court · 1893
- Latimer v. LatimerSupreme Court of South Carolina · 1895
3Cited by2 opinions
- O'Connell v. Gentry County BankCourt of Appeals for the Eighth Circuit · 1932
- Officer v. J. L. Owens Co.Court of Appeals for the Eighth Circuit · 1918