Sturhahn v. General Household Utilities Co.

HOLMES, Circuit Judge.

This appeal is from a judgment of the District Court dismissing, for want of jurisdiction, appellant’s petition in an action for damages instituted against appellee, a nonresident, by attachment proceedings, the trial having proceeded to the conclusion of appellant’s introduction of evidence, and appellee having moved for a nonsuit because of an alleged variance between pleadings and proof.

The record here contains only the pleadings and judgment of dismissal together with a transcript of the oral opinion and ruling of the court below, and an order making the same a part…