Mitchell Mining Co. v. Emig
District of Columbia Court of Appeals
Hearing on an appeal by the defendant (specially allowed) from an order of the Supreme Court of the District of Columbia overruling a motion to vacate the service of summons upon a foreign corporation.. The Court in the opinion stated the facts as follows: This is a special • appeal from an order denying a motion to vacate the service of summons upon a foreign corporation.
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Hearing on an appeal by the defendant (specially allowed) from an order of the Supreme Court of the District of Columbia overruling a motion to vacate the service of summons upon a foreign corporation.. The Court in the opinion stated the facts as follows: This is a special • appeal from an order denying a motion to vacate the service of summons upon a foreign corporation. This bill was filed by Clayton E. Emig, alleging that he was both a stockholder and judgment creditor of the corporation, and praying for the appointment of a receiver of the property of defendant. It is alleged that…
1Opinion of the Court
Mr. Chief Justice Shüpard
delivered the opinion of the Court:
The appellee has filed a motion to dismiss the appeal, because, as to the orders of March 18 and 23, the application was too late. Assuming, for the purposes of this motion, that the defendant was properly before the court when those orders were entered, the lapse of time would have justified the court in refusing so much of the application had its attention been called thereto. National Cable Co. v. Washington & G. R. Co. 8 App. D. C. 478. The rules of the court do not expressly prohibit the allowance of a special appeal from an…
2Cases cited1 opinion
- Wabash Western Railway v. BrowSupreme Court of the United States · 1896
3Cited by4 opinions
- Whitaker v. MacFadden Publications, Inc.Court of Appeals for the D.C. Circuit · 1939
- Clark v. DISTRICT DISCOUNT COMPANY, INC.District of Columbia Court of Appeals · 1959
- Frye v. Batavia (N. Y.) Veterans Administration Employees Federal Credit Union No. 189, Inc.District Court, District of Columbia · 1943
- Brown v. BrownDistrict Court, District of Columbia · 1942