Humboldt Min. Co. v. American Manufacturing, Mining & Milling Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio. Tliia was a suit by the Humboldt Mining Company against the American Manufacturing, Mining & Milling Company and the Variety Iron-Works Company for breach of contract. A motion by the iron-works company for judgment in its favor on the pleadings was granted. Plaintiff brought error.
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In Error to the Circuit Court of the United States for the Northern District of Ohio. Tliia was a suit by the Humboldt Mining Company against the American Manufacturing, Mining & Milling Company and the Variety Iron-Works Company for breach of contract. A motion by the iron-works company for judgment in its favor on the pleadings was granted. Plaintiff brought error. Tlie Humboldt Mining Company filed its petition in the circuit court lor the northern district oí Ohio against the American Manufacturing, Mining & Milling Company and the Variety Iron-Works Company, in which it alleged that it…
1Opinion of the CourtTaft, Circuit Judge
The first objection made to the judgment is that under the Code of Ohio there was no power in the circuit court to grant the motion for judgment upon the pleadings.
Section 5312 of the Revised Statutes of Ohio, which is part of the Code of Civil Procedure, provides that:
‘Tn an action against several defendants, the court may render judgment against one or more of them, leaving the action to proceed against tho others1, whenever a several judgment is proper.”
It is perfectly obvious that in this case a judgment might be taken against the principal and in favor of the guarantor, and therefore…
2Cases cited11 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- St. Louis, Vandalia & Terre Haute Railroad v. Terre Haute & Indianapolis RailroadSupreme Court of the United States · 1892
- National Park Bank v. German-American Mutual Warehousing & Security Co.New York Court of Appeals · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Louisville Trust Co. v. Louisville, N. A. & C. R. Co.Court of Appeals for the Sixth Circuit · 1896
- Robert Gair Co. v. Columbia Rice Packing Co.Supreme Court of Louisiana · 1909
- Germania Safety-Vault & Trust Co. v. BoyntonCourt of Appeals for the Sixth Circuit · 1896
- Stratton's Independence, Ltd. v. DinesCourt of Appeals for the Eighth Circuit · 1905
- Jenson v. Toltec Ranch Co.Court of Appeals for the Eighth Circuit · 1909
25 more not listed; retrieve them via the Exa API.