Legal Opinion
Pullman's Palace-Car Co. v. Washburn
U.S. Circuit Court for the District of Massachusetts
Decided March 8, 1895No. 336PublishedCited by 8 opinions
This was a writ of scire facias sued but by the Pullman’s Palace-Car Company against Frank L. Washburn to enforce against him a liability for costs as indorser of the writ in an action brought against the Pullman’s Palace-Car Company by one Maggie M. Harrison, in which a judgment had been rendered against the plaintiff for 1813.94, costs.
1Opinion of the Court
PUTNAM, Circuit Judge.
The pith of the statute by virtue of which the iudorsement of the writ in the original cause Avas made by the defendant in this suit, as found in Public Statutes of Massachusetts (chapter 161, § 24), is as follows :
“Original writs, * * * in which the plaintiff is not an inhabitant of the commonwealth, shall, before entry thereof, he 'indorsed by some sufficient person who is such inhabitant. * * * Every indorser, in case of aAmidance or inability of the plaintiff, shall he liable to pay all costs awarded against the plaintiff, if the suit therefor is commenced within one…
2Cases cited34 opinions
- In Re BurrusSupreme Court of the United States · 1890
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Stone v. South CarolinaSupreme Court of the United States · 1886
29 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Calhoun v. GrayMissouri Court of Appeals · 1910
- Egan v. Chicago Great Western Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1908
- Universal Transp. Co. v. National Surety Co.District Court, S.D. New York · 1918
- Gregory v. PikeCourt of Appeals for the First Circuit · 1897
- Sawyer v. WilliamsU.S. Circuit Court for the District of Maryland · 1896
3 more not listed; retrieve them via the Exa API.