H. G. Holloway & Bro. v. White-Dunham Shoe Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois.
1Opinion of the CourtBaker, Circuit Judge
In an action of assumpsit, on a declaration containing only the common counts, and on a plea of the general issue with notice of set-off and recoupment, the defendant in error, plaintiff below, obtained the judgment which is challenged by this writ of error.
1. The declaration as originally filed did not contain the necessary allegations respecting diversity of citizenship. The verdict was returned and judgment was.entered on.Eehruary 6, 1906. On. February 32th, at the same term and when plaintiff in error was present, the *218court vacated the judgment, permitted defendant in error to amend the…
2Cited by13 opinions
- Champion Spark Plug Co. v. Automobile Sundries Co.Court of Appeals for the Second Circuit · 1921
- Columbia Digger Co. v. RectorDistrict Court, W.D. Washington · 1914
- Rivenbark v. Finis P. Ernest, Inc.Appellate Court of Illinois · 1976
- United States Potash Co. v. McNuttCourt of Appeals for the Tenth Circuit · 1934
- Bartinikas v. Clarklift of Chicago North, Inc.District Court, N.D. Illinois · 1981
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