Reliable Incubator & Brooder Co. v. Stahl
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois. This action was brought by George H. Stahl against the Reliable Incubator & Brooder Company. A motion made by the defendant in error to strike from the record the bill of exceptions has been sustained (42 C. C. A. 522, 102 Fed. 590), but it is still insisted by the plaintiff in error that upon the face of the declaration the court below was without jurisdiction of the c^use.
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In Error to the Circuit Court of the United States for the Southern District of Illinois. This action was brought by George H. Stahl against the Reliable Incubator & Brooder Company. A motion made by the defendant in error to strike from the record the bill of exceptions has been sustained (42 C. C. A. 522, 102 Fed. 590), but it is still insisted by the plaintiff in error that upon the face of the declaration the court below was without jurisdiction of the c^use. The second amended declaration, on which the trial was had, purporting to be for trespass on the case, shows that both parties were…
1Opinion of the CourtWoods, Circuit Judge
The hill of exceptions having been stricken out, the point is made by the appellee that the “only question now raised upon the record is" that of the jurisdiction of the lower court,” and that “the writ of error should be dismissed for want of jurisdiction in this court to entertain it.” Manufacturing Co. v. Barber, 18 U. S. App. 476, 9 C. C. A. 79, 60 Fed. 465; Beck & Pauli Lithographing Co. v. Wacker & Birk Brewing & Malting Co., 46 U. S. App. 486, 22 C. C. A. 11, 76 Fed. 10, — are cited. This proposition assumes that, as the case stood before the bill of exceptions had been stricken out,…
2Cases cited5 opinions
- McLish v. RoffSupreme Court of the United States · 1891
- United States v. JahnSupreme Court of the United States · 1894
- Davis & Rankin Bldg. & Manuf'g Co. v. BarberCourt of Appeals for the Seventh Circuit · 1894
- World's Columbian Exposition Co. v. Republic of FranceCourt of Appeals for the Seventh Circuit · 1898
- Beck & Pauli Lith. Co. v. Wacker & Birk B. & M. Co.Court of Appeals for the Seventh Circuit · 1896
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- Hold Stitch Fabric MacH. Co. v. May Hosiery MillsTennessee Supreme Court · 1946
- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
- Wirgman v. PersonsCourt of Appeals for the Fourth Circuit · 1903