Levi v. Evans
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the District of Indiana. Statement by BAKER, District Judge: The appellee James. L. Evans commenced an action in attachment in the circuit court of Hamilton county, Ind., against the appellant, Emil S. Levi, making the American Strawboard Company and Crawford Fairbanks garnishee ’ defendants therein.
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Appeal from the Circuit Court of the United States for the District of Indiana. Statement by BAKER, District Judge: The appellee James. L. Evans commenced an action in attachment in the circuit court of Hamilton county, Ind., against the appellant, Emil S. Levi, making the American Strawboard Company and Crawford Fairbanks garnishee ’ defendants therein. The complaint was in a single paragraph for money had and received, as the proceeds of the sale of certain shares of stock. In the state court the appellee Leonard Wild filed under said attachment a similar complaint. Upon the appellant’s…
1Opinion of the Court
BAKER, District Judge,
(after making the foregoing statement.) It is contended by counsel for the appellant that the court erred in overruling his motion to dismiss these causes on the ground that the appellees had a plain and adequate remedy at law. When these causes came from the state court they were actions at law, *681upon the common counts, for money had and received. Additional and amended pleadings were filed in the court below, without objection, stating facts which disclosed causes of action of equitable-cognizance; and so that court made an order that the original causes should remain…
2Cases cited13 opinions
- Reynes v. DumontSupreme Court of the United States · 1889
- Brown v. Lake Superior Iron Co.Supreme Court of the United States · 1890
- Olcott v. BynumSupreme Court of the United States · 1873
- Day v. . RothNew York Court of Appeals · 1858
- Fowle v. Lawrason'sSupreme Court of the United States · 1831
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3Cited by4 opinions
- Pacific Coal & Transportation Co. v. Pioneer Mining Co.Court of Appeals for the Ninth Circuit · 1913
- Fisher v. Hampton Transportation Co.Michigan Supreme Court · 1904
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Brissell v. KnappU.S. Circuit Court for the District of Nevada · 1907