Rice v. Adler-Goldman Commission Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. The defendant in error, the Adler-Goldman Commission Company, on the 13th of November, 1894, brought an action in the United States court for the Eastern district of Arkansas against J. Loewen on a promissory note for 84,735:83, and caused an attachment to issue In the action, which was levied on Looweifs property; and on the 11th day of December, 1894, judgment was rendered in tbe…
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. The defendant in error, the Adler-Goldman Commission Company, on the 13th of November, 1894, brought an action in the United States court for the Eastern district of Arkansas against J. Loewen on a promissory note for 84,735:83, and caused an attachment to issue In the action, which was levied on Looweifs property; and on the 11th day of December, 1894, judgment was rendered in tbe action, by default, for 85,126.28 and costs, and the attachment was sustained. On the 25th of January, 1895, the plaintiffs…
1Opinion of the CourtCaldwell, Circuit Judge
The issue of fact arising upon the first paragraph of the intervening petition was tried by the court, and found against the petitioners. This finding is conclusive.
The demurrer to the second and third paragraphs was properly sustained. The complaint in the action brought by the defendant in error against Loewen shows the amount in controversy was over $5,000. Assuming, but not deciding, that the jurisdictional averment as to the citizenship of the defendant in error is technically insufficient, the validity of the judgment is not affected thereby. “If the record fails to show the facts on…
2Cases cited2 opinions
- People's Sav. Bank & Trust Co. v. Batchelder Egg Case Co.Court of Appeals for the Eighth Circuit · 1892
- Skirving v. National Life Ins.Court of Appeals for the Eighth Circuit · 1894
3Cited by9 opinions
- Loewe v. Savings Bank of DanburyCourt of Appeals for the Second Circuit · 1916
- Foster v. McAlesterCourt of Appeals for the Eighth Circuit · 1902
- Williams v. EarhartArizona Supreme Court · 1929
- Repauno Chemical Co. v. Victor Hardware Co.Court of Appeals for the Eighth Circuit · 1900
- Miller v. SmithCourt of Appeals for the Eighth Circuit · 1924
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