Shwartz v. H. B. Claflin Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of tbe United States for the Eastern District of Louisiana. Attachment by the H. B. Claflin Company against H. Kern & Son. An intervention was filed by A. Shwartz & Sons. Plaintiff obtained a personal judgment. Defendants and interveners bring error. Suit was brought by the H. B. Claflin Company against H. Kern & Son, in the circuit court of the United States, to recover $21,728, due the plaintiff on certain notes.
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In Error to the Circuit Court of tbe United States for the Eastern District of Louisiana. Attachment by the H. B. Claflin Company against H. Kern & Son. An intervention was filed by A. Shwartz & Sons. Plaintiff obtained a personal judgment. Defendants and interveners bring error. Suit was brought by the H. B. Claflin Company against H. Kern & Son, in the circuit court of the United States, to recover $21,728, due the plaintiff on certain notes. A writ of attachment issued, under which the marshal seized the stock of goods in the store formerly occupied by defendants. .Shwartz & Sons were also…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts). Although the record is so, voluminous and, according to the brief and arguments *683submitted, it ⅛ bristling with points of law, novel and otherwise, we find it necessary to consider two questions only.
1. Henry Kern and Mrs. Henry Kern complain of a judgment against them as the legal heirs and representatives of Emile Kern, condemning them in solido to pay the claim of Claflin & Co. against Henry Kern & Son, when, as the record shows, they have had no day in court, no default entered against them, nor the verdict of any jury holding them liable. It appears they were…
2Cases cited3 opinions
- Tua v. CarriereSupreme Court of the United States · 1886
- Collins v. DuffySupreme Court of Louisiana · 1852
- Lafollye v. CarriereU.S. Circuit Court for the District of Eastern Louisiana · 1885
3Cited by1 opinion
- John A. Roebling's Sons Co. v. Southern Power Co.Supreme Court of Georgia · 1914