Kawin & Co. v. American Colortype Co.
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the 'Eastern Division of the Northern District of Illinois. Action by the American Colortype Company against Kawin & Co., a corporation. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the 'Eastern Division of the Northern District of Illinois. Action by the American Colortype Company against Kawin & Co., a corporation. Judgment for plaintiff, and defendant brings error. American Colortype Company, herein called plaintiff, a New, Jersey corporation, brought this suit against Kawin & Company, defendant, an Illinois corporation, for failure of the latter to take and pay for certain Christmas and New Year cards ordered by the latter on July 12, 1911, to be delivered as ordered and all to be taken by December 15, 1911. The…
1Opinion of the CourtArschuler, Circuit Judge
(after stating the facts as above), [ 1J Plaintiff moved to dismiss the writ of error herein upon the ground that, defendant having raised the question of the'jurisdiction of the District Court to render the judgment complained of, it fol*321lows that the case should have gone directly to the Supreme Court. We find no merit in the point. In United States v. Jahn, 155 U. S. 109, 15 Sup. Ct. 39, 39 L. Ed. 87, it is said:
"If the question of jurisdiction is in issue, and the jurisdiction sustained, and judgment on the merits is rendered in favor of the plaintiff, then the defendant can elect either…
2Cases cited46 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Barry v. EdmundsSupreme Court of the United States · 1886
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- David Lupton's Sons Co. v. Automobile Club of AmericaSupreme Court of the United States · 1912
- Dooley v. PeaseSupreme Court of the United States · 1901
41 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Griffin Grocery Co. v. RichardsonCourt of Appeals for the Eighth Circuit · 1926
- Anderson v. United StatesCourt of Appeals for the Second Circuit · 1923
- Peter & Burghard Stone Co. v. CarperIndiana Court of Appeals · 1930
- Arnolt Corp. v. Stansen Corp. (Two Cases)Court of Appeals for the Seventh Circuit · 1951
- Santa Rosa-Vallejo Tanning Co. v. Charles Kronauer & Co.Appellate Court of Illinois · 1923
8 more not listed; retrieve them via the Exa API.