Legal Opinion

Iron Molders' Union No. 125 of Milwaukee v. Allischalmers Co.

Court of Appeals for the Seventh Circuit

Decided October 9, 1908No. 1,434PublishedCited by 111 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. The appeal is from a final decree in a strike injunction suit. On the bill, supplemental bill, and showing in connection therewith, a temporary injunction was issued. Later, certain of the individual defendants were fowul to hare violated the temporary injunction, and were accordingly punished.

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Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. The appeal is from a final decree in a strike injunction suit. On the bill, supplemental bill, and showing in connection therewith, a temporary injunction was issued. Later, certain of the individual defendants were fowul to hare violated the temporary injunction, and were accordingly punished. Tiie pleadings, the temporary injunction, and the jietition and evidence in the contempt proceedings are all stated In AÍlis-Clialmers Co. v. Iron Holders’ Union (O. O.) 150 Fed. 155. By agreement, of parties the…

1Opinion of the CourtBaker, Circuit Judge

(after stating the facts as above). No Wisconsin statute authorized an unincorporated voluntary association to be sued in its common name. So the objection might have prevailed if it had been seasonably made. Karges Furniture Co. v. Amalgamated Wood Workers’ Union, 165 Ind. 421, 75 N. E. 877, 2 L. R. A. (N. S.) 788; Pickett v. Walsh, 192 Mass. 572, 78 N. E. 753, 6 L. R. A. (N. S.) 1067, 116 Am. St. Rep. 272. But the members could have been reached, of course, either by naming and serving them all, or, if that were impracticable on account of their numbers, by suing some as representatives of…

2Cases cited11 opinions

  1. Loewe v. LawlorSupreme Court of the United States · 1908
  2. Andrew J. Aikens v. State of WisconsinSupreme Court of the United States · 1904
  3. Pickett v. WalshMassachusetts Supreme Judicial Court · 1906
  4. Karges Furniture Co. v. Amalgamated Woodworkers Local Union No. 131Indiana Supreme Court · 1905
  5. Arthur v. OakesCourt of Appeals for the Seventh Circuit · 1894

6 more not listed; retrieve them via the Exa API.

3Cited by111 opinions

  1. American Steel Foundries v. Tri-City Central Trades CouncilSupreme Court of the United States · 1921
  2. Lee-Norse Co. v. RutledgeWest Virginia Supreme Court · 1982
  3. Jeffery-De Witt Insulator Co. v. National Labor Relations BoardCourt of Appeals for the Fourth Circuit · 1937
  4. Sinai Hospital of Baltimore, Inc. v. Department of Employment & TrainingCourt of Appeals of Maryland · 1987
  5. North Whittier Heights Citrus Ass'n v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1940

106 more not listed; retrieve them via the Exa API.

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