Baillie v. Backus
District Court, D. Oregon
In Equity. Suit by Frank S. Baillie against E. W. Backus and others. On motion to deny continuance of a temporary restraining order and to remand. The E: W. Backus Lumber Company is a Minnesota corporation, with principal office at Minneapolis, of which Backus was president, A. E. Horr treasurer, and up to the time of his death, namely December, 1S97, R. C. Leavitt vice president.
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In Equity. Suit by Frank S. Baillie against E. W. Backus and others. On motion to deny continuance of a temporary restraining order and to remand. The E: W. Backus Lumber Company is a Minnesota corporation, with principal office at Minneapolis, of which Backus was president, A. E. Horr treasurer, and up to the time of his death, namely December, 1S97, R. C. Leavitt vice president. A. E. Horr was the father and R. C. Leavitt the uncle of the wife of Backus, and said corporation was in all matters dominated and controlled by Backus. Backus-Brooks Company, a Minnesota corporation, having its…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). Two questions are presented for decision, namely, whether the petition for removal fr.oni the state court was presented within the time the defendant Backus was required to answer, and, in connection therewith, whether Backus had been properly served with summons, and whether there is a separable controversy as to Backus.
[1] A brief analysis of the bill of complaint will suffice to determine whether a separable controversy exists as to Backus. The plaintiff and Backus are stockholders in the Columbia Gold Mining Company; plaintiff owning 5 per cent, of the…
2Cases cited6 opinions
- Barney v. LathamSupreme Court of the United States · 1881
- Hyde v. RubleSupreme Court of the United States · 1882
- Central R. Co. of NJ v. MillsSupreme Court of the United States · 1885
- East Tennessee, Virginia & Georgia Railroad v. GraysonSupreme Court of the United States · 1886
- Boyd v. GillU.S. Circuit Court for the District of Southern New York · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Baillie v. Columbia Gold Mining Co.Oregon Supreme Court · 1917
- Wallace v. Motor Products CorporationCourt of Appeals for the Sixth Circuit · 1928
- Lissauer v. BertlesDistrict Court, S.D. New York · 1940
- Del Fungo Giera v. Rockland Light & Power Co.District Court, S.D. New York · 1931
- O'Neil v. BirdseyeDistrict Court, S.D. New York · 1917
3 more not listed; retrieve them via the Exa API.