Merritt v. American Steel-Barge Co.
Court of Appeals for the Eighth Circuit
In Error to tlie Circuit Court of the United States for the District of Minnesota. This case was before this court, at the May term, 1896, on a motion to dismiss the writ ‘of error. Merritt v. Barge Co., 40 U. S. App. 127, 21 C. C. A. 525, and 75 Fed. 813. On the present occasion it is here for determination on the merits.
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In Error to tlie Circuit Court of the United States for the District of Minnesota. This case was before this court, at the May term, 1896, on a motion to dismiss the writ ‘of error. Merritt v. Barge Co., 40 U. S. App. 127, 21 C. C. A. 525, and 75 Fed. 813. On the present occasion it is here for determination on the merits. Alfred Merritt and Leonidas Merritt, the plaintiffs in error, who were the plaintiffs below, on April 10, 1894, sued the American Steel-Barge Company, the defendant in error, in the district court for St. Louis county, state of Minnesota, to recover the value of 11,331.3…
1Opinion of the CourtThayer, Circuit Judge
The suit which was instituted in the supreme court of the city and county of Hew York by the American Steel-Barge Company against Alfred Merritt and Leonidas Merritt, the plaintiffs in this suit, according to the averments of the plea, was an action to establish and foreclose a lien on personal property alleged to be situated in Hew York, and it was brought under the provisions of a local statute of that state which authorized such a.proceeding to he maintained on constructive or substituted service. Code Civ. Proc. N. Y. 1877, §§ 438-444, inclusive. It was a suit in the nature of a…
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