Logansport Gaslight & Coke Co. v. Knowles
U.S. Circuit Court for the District of Minnesota
This was a suit upon a judgment obtained in a circuit court of the state of Indiana against Knowles and Harvey. A complaint was filed against John W. Bain, Knowles, and Harvey, on the 18th day of September, 1865, for the February term of said court in 1866. A summons was issued on that day, and the judgment record recites, “That on the 15th flay of March, 1866, being the 16th judicial day of the February term, the defendants, Knowles and Harvey, though each three times…
Read the full summary
This was a suit upon a judgment obtained in a circuit court of the state of Indiana against Knowles and Harvey. A complaint was filed against John W. Bain, Knowles, and Harvey, on the 18th day of September, 1865, for the February term of said court in 1866. A summons was issued on that day, and the judgment record recites, “That on the 15th flay of March, 1866, being the 16th judicial day of the February term, the defendants, Knowles and Harvey, though each three times called, come not, but herein wholly make default; and the plaintiff now shows to the court, by the return of the sheriff of…
1Opinion of the Court
NELSON, District Judge.
The only point which will be considered upon the motion for a new trial, based upon a bill of exceptions in this case, is that wherein it is alleged the court erred in not permitting the defendants, who were offered as witnesses, to contradict the judgment record, which record states the fact of a personal service of the summons upon both of the defendants by the sheriff, and contains a copy of the summons, and of the return of the officer. All of the facts necessary to give the Indiana court jurisdiction of the persons, and of the subject matter, are fully stated in…
2Cases cited6 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Wiley v. PrattIndiana Supreme Court · 1864
- Holt v. AllowayIndiana Supreme Court · 1827
- Westcott v. BrownIndiana Supreme Court · 1859
- Wilcox v. KassickMichigan Supreme Court · 1851
1 more not listed; retrieve them via the Exa API.