Legal Opinion

Timmons v. Elyton Land Co.

Supreme Court of the United States

Decided March 30, 1891No. 1325PublishedCited by 11 opinions

Error to the circuit court of the united states for the NORTHERN DISTRICT of ALABAMA. Motion to dismiss or affirm. The case is stated in the opinion.

1Opinion of the CourtChief Justice Puller

This was an action brought by Margaret C. McElrath, Mary E. McElrath and Linda E. Timmons against the Elyton Land Company in the Circuit Court of the United States for the Northern District of Alabama.

The complaint averred “ that Mary E. McElrath is a resident of the State of North Carolina, and that Linda E. Timmons and Margaret Celia McElrath are residents of the State of South Carolina,” and that the defendant “ is a corporation chartered under the laws of the State of Alabama and doing business within said State.”

By the summons, the marshal was commanded “ to summon the Elyton…

2Cases cited4 opinions

  1. Robertson v. CeaseSupreme Court of the United States · 1878
  2. Anderson v. WattSupreme Court of the United States · 1891
  3. Brown v. KeeneSupreme Court of the United States · 1834
  4. Menard v. GogganSupreme Court of the United States · 1887

3Cited by11 opinions

  1. Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
  2. Steigleder v. McQuestenSupreme Court of the United States · 1905
  3. Horne v. George H. Hammond Co.Supreme Court of the United States · 1894
  4. Zicos v. DickmannCourt of Appeals for the Eighth Circuit · 1938
  5. American Sugar-Refining Co. v. JohnsonCourt of Appeals for the Fifth Circuit · 1893

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