L. Bucki & Son Lumber Co. v. Atlantic Lumber Co.
Court of Appeals for the Fifth Circuit
Petition for a Writ of Mandamus to the Circuit Court of the United States for the Southern District of Florida. The proceedings in this case were commenced by the following petition: “Your petitioners, L. Bucki & Son Lumber Company and Horatio Bisbee, respectfully allege that in action at law brought in the Circuit Court of the United States for the Southern District of Florida, wherein said L. Bucki & Son Lumber Company -was the plaintiff, and the Atlantic Lumber Company,…
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Petition for a Writ of Mandamus to the Circuit Court of the United States for the Southern District of Florida. The proceedings in this case were commenced by the following petition: “Your petitioners, L. Bucki & Son Lumber Company and Horatio Bisbee, respectfully allege that in action at law brought in the Circuit Court of the United States for the Southern District of Florida, wherein said L. Bucki & Son Lumber Company -was the plaintiff, and the Atlantic Lumber Company, Arthur Meigs, Daniel G. Ambler, and Richard H. Liggett were the defendants, such proceedings were had that on the :16th…
1Opinion of the Court
PARDEE, Circuit Judge.
Conceding the regularity and validity of the proceedings in the state of New Jersey under Pub. Laws April 21, 1896, c. 187 (P. R. 1896, p. 319), as set forth in the quasi plea in abatement, still we think said plea comes too late, and is bad in substance. It is not a plea to the merits, but sets up facts which were in existence long before the trial of the action on the merits in the Circuit Court. The Atlantic Rumber Company was charged with knowledge of such facts, and admits actual knowledge before hearing on error in this court. To allow the plea now is to put the…
2Cases cited10 opinions
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- In Re PaschalSupreme Court of the United States · 1871
- Gaines v. RuggSupreme Court of the United States · 1893
- Carter v. BennettSupreme Court of Florida · 1855
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Illinois Power & Light Corporation v. HurleyCourt of Appeals for the Eighth Circuit · 1931
- In The Matter Of Diplomat Electric, Inc.Court of Appeals for the Fifth Circuit · 1974
- Harris-Woodbury Lumber Co. v. CoffinU.S. Circuit Court for the District of Western North Carolina · 1910
- Dankwardt v. KermodeSupreme Court of Colorado · 1920
- Arn v. Bradshaw Oil & Gas Co.Court of Appeals for the Fifth Circuit · 1937
4 more not listed; retrieve them via the Exa API.