Walton v. Marietta Chair Co.
Supreme Court of the United States
ERROR TO . THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. This was a motion to amend a writ of error from this court ■to the -Circuit Court of the United States for the Southern District of Ohio, by changing the name of the plaintiff in erfor.
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ERROR TO . THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. This was a motion to amend a writ of error from this court ■to the -Circuit Court of the United States for the Southern District of Ohio, by changing the name of the plaintiff in erfor. The record of that Court showed the following matters: The original action was brought in November, 1889, by “ W. N. Walton, administrator of the estate of Latimer Bailey, deceased,” a citizen of New Jersey, against the Marietta Chair Company, a corporation of Ohio, and having its principal office and place of business in that…
1Opinion of the CourtJustice Gray
By a provision of the first judiciary act of the United States, “no summons, writ; declaration, return, process, judgment, of other proceedings, in civil causes in any court of the United States, shall be abated, arrested, quashed or reversed, for any defect or want of form; ” but the court shall proceed and give judgment according as the right of the cause and matter in law shall appear to it, without regarding any such defect or want of form, except those which, in cases of demurrer, the party demurring specially sets down, together with his demurrer, as the cause thereof; and the court…
2Cases cited27 opinions
- United States v. TynenSupreme Court of the United States · 1871
- Pearson v. YewdallSupreme Court of the United States · 1877
- Mossman, Surviving in Error v. Higginson, Surviving Partner, in ErrorSupreme Court of the United States · 1800
- United States v. SchoverlingSupreme Court of the United States · 1892
- Mussina v. CavazosSupreme Court of the United States · 1867
22 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ellenwood v. Marietta Chair Co.Supreme Court of the United States · 1895
- Estate of NelsonCalifornia Supreme Court · 1900
- Slingluff v. GainerWest Virginia Supreme Court · 1901
- Gilbert v. HopkinsCourt of Appeals for the Fourth Circuit · 1912
- Teel v. Chesapeake & O. Ry. Co. of VirginiaCourt of Appeals for the Sixth Circuit · 1913
6 more not listed; retrieve them via the Exa API.