Schradsky v. Stimson
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. Frederic J. Stimson, the defendant in error, filed a complaint against Hyman Schradsky, the i>laiutiff in error, in the circuit court of the United States for the district of Colorado, which complaint, omitting the caption thereof, and the jurisdictional averments, which were in due form, was as follows: “That on, to wit, the 3d day of April, A. D. 1894, this plaintiff was, and ever since said…
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In Error to the Circuit Court of the United States for the District of Colorado. Frederic J. Stimson, the defendant in error, filed a complaint against Hyman Schradsky, the i>laiutiff in error, in the circuit court of the United States for the district of Colorado, which complaint, omitting the caption thereof, and the jurisdictional averments, which were in due form, was as follows: “That on, to wit, the 3d day of April, A. D. 1894, this plaintiff was, and ever since said date has been, and now is, the sole owner and entitled to the possession of the following described property, -situate in…
1Opinion of the CourtThayer, Circuit Judge
The defendant: below, who is the plaintiff in error here, objects to the judgment which was rendered by the trial court, in the first place, because the complaint which was filed in the circuit court did not state a cause of action; and, in the second place, because of *732an alleged variance between the proof and the allegations of the complaint. But neither of these objections to the judgment is well founded. The complaint did not state, and evidently was not intended to state, a cause of action for the use and occupation of the-premises in question; lout it did state a good and sufficient…
2Cases cited3 opinions
- New Orleans v. Gaines's AdministratorSupreme Court of the United States · 1889
- Vandevoort v. . GouldNew York Court of Appeals · 1867
- Holmes v. . DavisNew York Court of Appeals · 1859
3Cited by9 opinions
- United States Ex Rel. Kessler v. Mercur Corp.Court of Appeals for the Second Circuit · 1936
- Golden Reward Min. Co. v. Buxton Min. Co.Court of Appeals for the Eighth Circuit · 1899
- McCandless v. United StatesCourt of Appeals for the Ninth Circuit · 1935
- St. Louis, Iron Mountain & Southern Railway Co. v. OliverSupreme Court of Arkansas · 1909
- New England Trust Co. v. FarrCourt of Appeals for the First Circuit · 1932
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