Legal Opinion

Blackburn v. Irvine

Court of Appeals for the Third Circuit

Decided April 23, 1913No. 1,647PublishedCited by 4 opinions

In Error to the District Court of the United States for the Western District of Pennsylvania; James S. Young, District Judge. Action at lavs' by Ellsworth C. Irvine, receiver, against Julius H. Blackburn. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

J. B. McPHERSON, Circuit Judge.

In this action at law Ellsworth C. Irvine, receiver of the Columbus, Sandusky & Hocking Railroad Company, is suing Julius H. Blackburn, the holder of the legal title to certain shares of the company’s stock, to enforce the double liability •that was imposed by the Constitution and statutes of Ohio during the period from 1851 to 1903. The facts being undisputed, each party asked for binding instructions, and the court directed a verdict for the plaintiff. Several legal questions, however, were raised below, and are raised again upon this writ of error. Since 1895…

2Cases cited14 opinions

  1. Hale v. AllinsonSupreme Court of the United States · 1903
  2. Bernheimer v. ConverseSupreme Court of the United States · 1907
  3. Converse v. HamiltonSupreme Court of the United States · 1912
  4. Koshkonong v. BurtonSupreme Court of the United States · 1882
  5. Hawthorne v. CalefSupreme Court of the United States · 1865

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3Cited by4 opinions

  1. United States v. Union Planters Nat. Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1949
  2. Irvine v. BakerDistrict Court, S.D. New York · 1915
  3. Hallam v. McDowellSouth Dakota Supreme Court · 1931
  4. Irvine v. ChurchDistrict Court, E.D. New York · 1914

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