Whitcomb v. Hooper
Court of Appeals for the Seventh Circuit
I.n Error to the Circuit Court of the United States for the Western District of Wisconsin. This was an action for personal injury, brought by Hooper, the defendant in error, against Whitcomb and Morris, as receivers of the Wisconsin Central Railway Company, — the company being so named in tiro praecipe, the summons, the marshal’s return of service of the summons, and in the complaint afterwards filed.
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I.n Error to the Circuit Court of the United States for the Western District of Wisconsin. This was an action for personal injury, brought by Hooper, the defendant in error, against Whitcomb and Morris, as receivers of the Wisconsin Central Railway Company, — the company being so named in tiro praecipe, the summons, the marshal’s return of service of the summons, and in the complaint afterwards filed. The plaintiffs in error, aider being served with a copy of the comniaint. filed an answer entitled as if in an action against them as receivers of the Wisconsin Central Railroad Company. They…
1Opinion of the CourtWoods, Circuit Judge
The plaintiffs in error were not sued nor was judgment rendered against them as receivers of the Wisconsin Central Railroad Company. In that capacity they were not parties to the record, unless they succeeded in making themselves so by an averment in their answer, which in so far as it was designed to show that the suit was intended to be or ought to have been brought against them as receivers of that company was not true, and can hardly be deemed to have been ingenuous. Only the plaintiff and his counsel were ignorant and in confusion about the names of the different railroad companies, and…
2Cited by3 opinions
- Davis v. JenningsNebraska Supreme Court · 1907
- Independent Elevators v. DavisNebraska Supreme Court · 1928
- Page v. BreseeNebraska Supreme Court · 1912