Legal Opinion

Brock v. Fuller Lumber Co.

Court of Appeals for the First Circuit

Decided February 12, 1907No. 659PublishedCited by 2 opinions

In Error to the Circuit Court of the United States for the District of Massachusetts.

1Opinion of the Court

BROWN, District Judge.

This is a writ of error to review the rulings of the Circuit Court in an action on a bond given to secure the performance of a written contract. The plaintiffs in error (defendants in the Circuit Court) contend that the Circuit Court erred (1) in denying their motion to dismiss for lack of jurisdiction, and (2) in denying their claim for a jury trial on the question of damages.

The writ properly described the plaintiff as the Fuller Lumber Company, a corporation duly organized under the laws of New Hampshire, and a citizen of New Hampshire, but omitted to state the…

2Cases cited5 opinions

  1. Aurora City v. WestSupreme Court of the United States · 1869
  2. Kearney v. CaseSupreme Court of the United States · 1871
  3. Fenno v. PrimroseCourt of Appeals for the First Circuit · 1903
  4. Stone v. SargentMassachusetts Supreme Judicial Court · 1880
  5. In re GrantDistrict Court, D. Rhode Island · 1906

3Cited by2 opinions

  1. Hilbish v. AsadaNorth Dakota Supreme Court · 1910
  2. Craven v. ClarkU.S. Circuit Court for the District of Massachusetts · 1911

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