Midland Contracting Co. v. Toledo Foundry & Machine Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Illinois. This writ of error is prosecuted from a judgment recovered against the Midland Contracting Company, defendant below, upon alleged default, in a replevin suit, brought by defendant in error, to recover a steam dredge and damages for alleged unlawful detention.
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In Error to the Circuit Court of the United States for the Eastern District of Illinois. This writ of error is prosecuted from a judgment recovered against the Midland Contracting Company, defendant below, upon alleged default, in a replevin suit, brought by defendant in error, to recover a steam dredge and damages for alleged unlawful detention. The suit was commenced in the Circuit Court for the Eastern District of Illinois, by summons and writ of replevin, with service returned as made upon the superintendent of the defendant corporation (plaintiff in error) at Vandalia, Ill., December I,…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts). The contention that the trial court erred in upholding jurisdiction, when it appeared that both parties to the suit were nonresidents of the district, is untenable, in view of the general appearance of the defendant below, in open court, on March 15th, with an affidavit of meritorious defense and of need for further time to prepare for trial, and an application thereupon for extension of time to plead and for continuance of the cause. This appearance was without qualification, and the plea in abatement was not filed until the following day, when leave was granted by…
2Cases cited6 opinions
- Fidelity & Deposit Co. of Maryland v. United StatesSupreme Court of the United States · 1902
- Interior Construction & Improvement Co. v. GibneySupreme Court of the United States · 1895
- Schueler v. MuellerIllinois Supreme Court · 1901
- Pease v. DittoIllinois Supreme Court · 1901
- Reynolds v. McCormickIllinois Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- John R. Henry, Jr. v. Amalie Sneiders, and Amalie Sneiders, as Personal Representative of the Estateof Maksis Sneiders, Deceased, Defedant-AppellantCourt of Appeals for the Ninth Circuit · 1974
- Hill v. VetterAlaska Supreme Court · 1974
- Two Old Hippies, LLC v. Catch the Bus, LLCDistrict Court, D. New Mexico · 2011
- O'Hara v. DavisNebraska Supreme Court · 1923
- Haines v. Comfort Keepers, Inc.Alaska Supreme Court · 2017
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