Hattiesburg Lumber Co. v. Herrick
Court of Appeals for the Fifth Circuit
Appeal and Cross-Appeal from the Circuit Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Suit in equity by the Hattiesburg Lumber Company against Frpd Herrick. From the decree, both parties appeal.
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Appeal and Cross-Appeal from the Circuit Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Suit in equity by the Hattiesburg Lumber Company against Frpd Herrick. From the decree, both parties appeal. This was a suit in equity filed by tlie appellant and cross-appellee against the appellee and cross-appellant in the chancery court of Harrison county, Miss., and removed therefrom by defendant to the Circuit Court of the United States for the proper division and district. The bill prayed for an attachment on certain lands of the defendant, who was a…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). The jurisdiction of a court of equity over the action is sought to be sustained upon two grounds:(1) That the Mississippi statute (section 536 of the Code of Mississippi) confers on the chancery court of the state—
“jurisdiction of attachment suits based upon demands founded upon any indebtedness, whether the same be legal or equitable, or for the recovery of damages for the breach of any contract, express or implied, or arising ex delicto, against any nonresident, absent or absconding debtor, who has lands or tenements in this state.”
The suit was brought in…
2Cases cited25 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- United States v. BehanSupreme Court of the United States · 1884
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Davis v. SchwartzSupreme Court of the United States · 1895
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
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3Cited by10 opinions
- H. B. Zachry Co. v. TerryCourt of Appeals for the Fifth Circuit · 1952
- Holt Mfg. Co. v. C. L. Best Gas Traction Co.District Court, N.D. California · 1917
- American Pipe & Construction Co. v. Westchester CountyCourt of Appeals for the Second Circuit · 1923
- Parker v. Interstate Trust & Banking Co.Court of Appeals for the Fifth Circuit · 1932
- Goldsmith Silver Co. v. SavageCourt of Appeals for the First Circuit · 1915
5 more not listed; retrieve them via the Exa API.