Legal Opinion

Hewitt v. Charles R. McCormick Lumber Co.

Court of Appeals for the Second Circuit

Decided December 5, 1927No. Nos. 59, 60PublishedCited by 7 opinions

1Per curiam

These actions are for breach of contract against Charles R. McCormick Lumber Company of Delaware and Charles R. McCormick & Co., a California corporation. The affidavits interposed a defense that the actions abated as against the California corporation, because it was dissolved and had no legal existence at the time the actions were commenced. On motions duly made, this defense was sustained. Orders were entered, and thereupon these writs were sued out.

Motions are made to dismiss the writs of error because of lack of jurisdiction to review them. Section 128 of the Judicial Code (28 USCA §…

2Cases cited5 opinions

  1. Hohorst v. Hamburg-American Packet Co.Supreme Court of the United States · 1893
  2. Arnold v. United States Ex Rel. W. B. Guimarin & Co.Supreme Court of the United States · 1924
  3. Bank of Rondout v. SmithSupreme Court of the United States · 1895
  4. Menge v. WarrinerCourt of Appeals for the Fifth Circuit · 1903
  5. Stromberg Motor Devices Co. v. ArnsonCourt of Appeals for the Second Circuit · 1917

3Cited by7 opinions

  1. Hunteman v. New Orleans Public Service, Inc.Court of Appeals for the Fifth Circuit · 1941
  2. Atwater v. North American Coal CorporationCourt of Appeals for the Second Circuit · 1940
  3. Moss v. Kansas City Life Ins. Co.Court of Appeals for the Eighth Circuit · 1938
  4. Shultz v. Manufacturers & Traders Trust Co.Court of Appeals for the Second Circuit · 1939
  5. Atwater v. North American Coal CorporationCourt of Appeals for the Second Circuit · 1940

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