Legal Opinion

Commonwealth Finance Corp. v. Landis

District Court, E.D. Pennsylvania

Decided November 7, 1919No. Nos. 5328, 6286, 6326, 6404PublishedCited by 9 opinions

At Law. Action by the Commonwealth Finance Corporation, assignee, against Philip Landis (No. 6326), in which the Emergency Fleet Corporation was summoned as garnishee; action by Joseph TL Kinney against the Fairbanks Steam Shovel Company (No. 5328), in which the United States Shipping Board Emergency Fleet Corporation was summoned as garnishee; and actions by James P. Judge (No. 6404) and the N. W. Lawton Lumber Company, a corporation (No. 6286), against the United States…

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At Law. Action by the Commonwealth Finance Corporation, assignee, against Philip Landis (No. 6326), in which the Emergency Fleet Corporation was summoned as garnishee; action by Joseph TL Kinney against the Fairbanks Steam Shovel Company (No. 5328), in which the United States Shipping Board Emergency Fleet Corporation was summoned as garnishee; and actions by James P. Judge (No. 6404) and the N. W. Lawton Lumber Company, a corporation (No. 6286), against the United States Shipping Board Emergency Fleet Corporation. On motions to dismiss the actions.

1Opinion of the Court

DICKINSON, District Judge.

[1] The first question which suggests itself in these cases is the question of procedure. The motion, in .some of the cases, is to dismiss the actions, and in others to quash and dismiss. No such motions are known to the practice in cases of these kinds, and they might be disposed of by simply denying them on this ground. The question sought to be raised, however, is a substantial one, and, if raised in a form known to procedure practice, must be met and answered, and for this reason we have been asked to answer it, without regard t'o the form in which it is raised.…

2Cases cited3 opinions

  1. Salas v. United StatesCourt of Appeals for the Second Circuit · 1916
  2. Ballaine v. Alaska Northern Ry. Co.Court of Appeals for the Ninth Circuit · 1919
  3. United States v. CarlinDistrict Court, E.D. Pennsylvania · 1917

3Cited by9 opinions

  1. Federal Housing Administration, Region No. 4 v. BurrSupreme Court of the United States · 1940
  2. Providence Engineering Corp. v. Downey Shipbuilding Corp.Court of Appeals for the Second Circuit · 1923
  3. Central Market, Inc. v. KingNebraska Supreme Court · 1937
  4. Gill v. ReeseOhio Court of Appeals · 1936
  5. Banque-Russo Asiatique-London v. United States Shipping Board Emergency Fleet Corp.District Court, E.D. Pennsylvania · 1920

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