Gist v. Equitable Surety Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: Maetot L. Lueck, Judge. The plaintiffs, as copartners, brought action against the Equitable Surety Company upon a bond, which bond had been given in a previous action against defendant Johnson-Carey Company. Both parties are nonresidents. The previous action was brought first upon a complaint alleging an express contract entered into by the plaintiffs and the Johnson-Carey Company.
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Appeal from a judgment of the circuit court for Columbia county: Maetot L. Lueck, Judge. The plaintiffs, as copartners, brought action against the Equitable Surety Company upon a bond, which bond had been given in a previous action against defendant Johnson-Carey Company. Both parties are nonresidents. The previous action was brought first upon a complaint alleging an express contract entered into by the plaintiffs and the Johnson-Carey Company. This was later amended to one of quantum meruit. It appeared in that trial that the Johnson-Carey Company were -subcontractors of the Winston…
1Opinion of the Court
Tbe following opinion was filed March 2, 1915:
Siebecker, J.
It is claimed that tbe court erred in denying removal of tbe original action from tbe state to tbe federal court. Tbe plaintiffs in tbe original suit, Wm. M. and George W. Gist, at tbe time they commenced action against tbe Johnson-Carey Company were residents respectively of tbe states of Missouri and Illinois and tbe defendant Jobn-son-Carey Company was a corporation created under tbe laws of Delaware, and for tbe purposes of tbe proceeding to remove tbe action to tbe federal court was a citizen and resident of tbe state of…
2Cases cited12 opinions
- Ex Parte WisnerSupreme Court of the United States · 1906
- St. Louis & San Francisco Railway Co. v. JamesSupreme Court of the United States · 1896
- Western Loan & Savings Co. v. Butte & Boston Consolidated Mining Co.Supreme Court of the United States · 1908
- Tilton v. CofieldSupreme Court of the United States · 1876
- Church v. City of MilwaukeeWisconsin Supreme Court · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
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