Legal Opinion

Big Vein Coal Co. of W. Va. v. Read

Supreme Court of the United States

Decided May 26, 1913No. 501PublishedCited by 63 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF WEST VIRGINIA. The facts, which involve the jurisdiction of a Circuit Court of the United States to issue an order of attachment in a case where no personal service could.be had upon the defendant and wherein there was no personal appearance to the action, are stated in the opinion.

1Opinion of the CourtJustice Day

This case involves the jurisdiction of a Circuit Court of the United States to issue an order of attachment in a case where no personal service could be had upon the'defendant and wherein there was no personal appearance to the action.

The case was begun in the Circuit Court of the United States for the Northern District of West Virginia to recover in debt upon certain promissory notes. A summons, was issued against the defendant, Benjamin H. Read, trading as Lynah & Read, and return was made by the marshal that the writ had not been served, as defendant was not found in his district.…

2Cases cited8 opinions

  1. Goldey v. Morning NewsSupreme Court of the United States · 1895
  2. Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
  3. Toland v. SpragueSupreme Court of the United States · 1838
  4. St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
  5. Western Loan & Savings Co. v. Butte & Boston Consolidated Mining Co.Supreme Court of the United States · 1908

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3Cited by63 opinions

  1. State Ex Rel. St. Louis, Brownsville & Mexico Railway Co. v. TaylorSupreme Court of the United States · 1924
  2. McQuillen v. National Cash Register Co.Court of Appeals for the Fourth Circuit · 1940
  3. Earl R. Baxter, Willeyne Baxter, Lynn O. Muse, Richard L. King and W. K. Cash v. United Forest Products Co., Inc.Court of Appeals for the Eighth Circuit · 1969
  4. Jaftex Corp. v. Randolph Mills, Inc.Court of Appeals for the Second Circuit · 1960
  5. Branic v. Wheeling Steel CorporationCourt of Appeals for the Third Circuit · 1946

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