Allmark v. Platte S. S. Co.
U.S. Circuit Court for the District of Eastern New York
This was an action by John Allmark against Platte Steamship Company (Limited). The defendant moved to set aside service of summons.
1Opinion of the Court
BENEDICT, District Judge.
This is a motion to set aside the service of the summons in a case removed to this court from a state court. It appears that, while the case was in the state court, the defendant made a motion to the1 state court to set aside the service, which was denied. Thereafter it removed the said case to this court, and, after its removal, now moves here to set aside the service, upon the same grounds urged in the state court. In my opinion, the defendant is concluded by the decision of the state court made upon its own request, before the cause was removed. This court takes…
2Cases cited2 opinions
- Brooks v. FarwellU.S. Circuit Court for the District of Colorado · 1880
- Loomis v. CarringtonU.S. Circuit Court for the District of Eastern Michigan · 1883
3Cited by5 opinions
- Nasso v. SeagalDistrict Court, E.D. New York · 2003
- Dicks-David Co. v. Edward Maurer Co.District Court, D. New Jersey · 1922
- Bragdon v. Perkins-Campbell Co.U.S. Circuit Court for the District of Western Pennsylvania · 1897
- Guernsey v. CrossU.S. Circuit Court for the District of Maine · 1907
- Denison v. Shawmut Min. Co.U.S. Circuit Court for the District of Western New York · 1903