Lowenstein v. Levy
Court of Appeals for the Sixth Circuit
Appeals from the District Court of- the United States for the Western District of Tennessee; John E. McCall, Judge. Action by Isaac Levy against Solomon Folz, in which Elias Lowen-stein and others were garnisheed. Defendant Folz, having removed the cause to the federal court, moved to dismiss the principal suit because of his nonresidence, and because the garnishment had reached no property within the district.
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Appeals from the District Court of- the United States for the Western District of Tennessee; John E. McCall, Judge. Action by Isaac Levy against Solomon Folz, in which Elias Lowen-stein and others were garnisheed. Defendant Folz, having removed the cause to the federal court, moved to dismiss the principal suit because of his nonresidence, and because the garnishment had reached no property within the district. This motion being denied, and judgment subsequently rendered against both Folz and the garnishees, they bring separate appeals. Levy and Folz had business relations out of which grew a…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] We find it necessary to consider only one question, among the many presented. The power of the court to enter j'udgment against the garnishee defendant and the independent judgment against the principal defendant is challenged, because it rested solely upon the supposed seizure within the district of an indebtedness already the subject of suit and judgment in a foreign jurisdiction. This challenge questions the true meaning and effect of the first answer or disclosure by the garnishee. It is not clear and unambiguous. It does not in terms say that the…
2Cases cited8 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Wallace v. McConnellSupreme Court of the United States · 1839
- Barnsdall v. WaltemeyerCourt of Appeals for the Eighth Circuit · 1905
- Wabash Railroad v. TourvilleSupreme Court of the United States · 1900
- Paper Co. v. ShyerTennessee Supreme Court · 1902
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3Cited by5 opinions
- Ackerman v. TobinCourt of Appeals for the Eighth Circuit · 1927
- City Nat. Bank of Lawton, Okl. v. Lummus Cotton Gin Sales Co.Court of Appeals of Texas · 1927
- St. Louis S. F. R. Co. v. CrewsSupreme Court of Oklahoma · 1915
- Sharar v. PolliaCourt of Appeals for the Tenth Circuit · 1951
- Mitchum v. BarksdaleSupreme Court of South Carolina · 1922