Hatcher v. Hendrie & Bolthoff Mfg. & Supply Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. This was a suit, by Hatcher against the Hendrie & Bolthoff Manufacturing & Supply Company and the International Trust Company, to subject the proceeds of a sale of attached property to the satisfaction of a judgment rendered in the action in which the writ of attachment was issued. From a decree sustaining a demurrer to and dismissing the bill, the complainant appealed.
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Appeal from the Circuit Court of the United States for the District of Colorado. This was a suit, by Hatcher against the Hendrie & Bolthoff Manufacturing & Supply Company and the International Trust Company, to subject the proceeds of a sale of attached property to the satisfaction of a judgment rendered in the action in which the writ of attachment was issued. From a decree sustaining a demurrer to and dismissing the bill, the complainant appealed. Briefly stated, the allegations of the bill are as follows: Complainant is a citizen of Colorado, and defendants are corporations existing under…
1Opinion of the CourtVan Devanter, Circuit Judge
When an action or suit in a state court is removed into a Circuit Court of the United States, the latter takes the case in the condition in which it existed in the state court at the time of the removal; and, if a lien or other right has been obtained by either party by any proceeding had in the case prior to the removal, power to protect and enforce that lien or right after the removal exists in the Circuit Court, in like manner as if it had been obtained by a proceeding in that court. Kern v. Huidekoper, 103 U. S. 485, 491, 26 L. Ed. 497; Duncan v. Gegan, 101 U. S. 810, 812, 25 L. Ed. 875;…
2Cases cited35 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Riggs v. Johnson CountySupreme Court of the United States · 1868
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Julian v. Central Trust Co.Supreme Court of the United States · 1904
- Root v. WoolworthSupreme Court of the United States · 1893
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3Cited by31 opinions
- Malone v. MeresSupreme Court of Florida · 1926
- Twist v. Prairie Oil & Gas Co.Supreme Court of the United States · 1927
- Tilt-Up Concrete, Inc. v. Star City/Federal, Inc.Nebraska Supreme Court · 2001
- Davis v. Ensign-Bickford Co.Court of Appeals for the Eighth Circuit · 1944
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
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