Baker Contract Co. v. United States ex rel. Pennock
Court of Appeals for the Fourth Circuit
In Error to the District Court oí the United States for the Northern District of West Virginia, at Parkersburg; Alston G. Dayton, Judge. Action by the United States of America, for the use of Joseph W. Pennock and others, against the Baker Contract Company and sureties on the bond, pursuant to a contract for the construction of public works. Judgment for plaintiffs, and defendants bring error.
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In Error to the District Court oí the United States for the Northern District of West Virginia, at Parkersburg; Alston G. Dayton, Judge. Action by the United States of America, for the use of Joseph W. Pennock and others, against the Baker Contract Company and sureties on the bond, pursuant to a contract for the construction of public works. Judgment for plaintiffs, and defendants bring error. Tiiis is an action of debt, instituted in the United States District Court for the Northern District of West Virginia by the United States of America, in behalf of and for the use of Joseph AV. Pennock,…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). The assignments of error filed by counsel for the defendants below are numerous. However, those relied upon are grouped under No. 1, as follows:
“The said summons, being directed to the marshal of the Western district of Pennsylvania and served .and returned by said marshal, was without warrant of law for the issuance and service of said writ.
“The clerk of the then Circuit Court of the United States for the Northern District of West Virginia was without authority of law to issue process of summons to commence said action and to direct the same to the marshal…
2Cases cited8 opinions
- United States v. Congress Construction Co.Supreme Court of the United States · 1911
- Title Guaranty & Trust Co. v. Puget Sound Engine WorksCourt of Appeals for the Ninth Circuit · 1908
- United States v. BoomerCourt of Appeals for the Eighth Circuit · 1910
- Stitzer v. United States ex rel. VaughansCourt of Appeals for the Third Circuit · 1910
- United States ex rel. Watson Flagg Engineering Co. v. WinklerU.S. Circuit Court for the District of Southern New York · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States Fidelity & Guaranty Co. v. Henderson CountyCourt of Appeals of Texas · 1923
- Weinstein v. LaughlinCourt of Appeals for the Eighth Circuit · 1927
- United States ex rel. Pittsburg Planing Mill Co. v. ScheurmanDistrict Court, D. Idaho · 1914
- United States v. Fidelity and Deposit Company of MarylandCourt of Appeals for the Fifth Circuit · 1987
- United States Ex Rel. Johnson v. Morley Const. Co.District Court, W.D. New York · 1936
9 more not listed; retrieve them via the Exa API.