Lackawanna Coal & Iron Co v. Bates
U.S. Circuit Court for the District of Western Missouri
At Law. On motion to remand to the state court. Statement by the court: The case arose out of the following state of facts: The plaintiff recovered judgment in the state court against the North Side Construction Company and others for the sum of $26,250 and costs. The defendant company is a corporation under the laws of the state of Missouri. Execution issued on said judgment, and was returned nulla bona.
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At Law. On motion to remand to the state court. Statement by the court: The case arose out of the following state of facts: The plaintiff recovered judgment in the state court against the North Side Construction Company and others for the sum of $26,250 and costs. The defendant company is a corporation under the laws of the state of Missouri. Execution issued on said judgment, and was returned nulla bona. Thereupon the plaintiff filed its motion in said state court for an execution against Theodore C. Bates, as a. stockholder in said defendant company, for unpaid stock. This proceeding is…
1Opinion of the Court
PHILIPS. District Judge.
The question to he decided is whether or not this proceeding is a suit, within the meaning of the judiciary act, and, as such, removable from the state court to the United States circuit court, under the second section of the act of congress of March 3, 1887, as amended August 13, 1888. The contention of plaintiff is that the proceeding under the state statute is merely ancillary, in aid of the writ of execution, and, as such, is to he regarded as a continuation of the proceeding on the judgment; and that, as the principal cannot he removed hither, neither can this,…
2Cases cited10 opinions
- Gaines v. FuentesSupreme Court of the United States · 1876
- Barrow v. HuntonSupreme Court of the United States · 1879
- Wilson v. SeligmanSupreme Court of the United States · 1892
- Searl v. School District No. 2Supreme Court of the United States · 1888
- Bondurant v. WatsonSupreme Court of the United States · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- London & Lancashire Indemnity Co. v. CourtneyCourt of Appeals for the Tenth Circuit · 1939
- Ward v. Congress Const. Co.Court of Appeals for the Seventh Circuit · 1900
- Stark-Romero v. National Railroad Passenger Co.District Court, D. New Mexico · 2011
- Lake Street El. R. Co. v. Farmers' Loan & Trust Co.Court of Appeals for the Seventh Circuit · 1897
- London & Lancashire Indemnity Co. v. CourtneyCourt of Appeals for the Tenth Circuit · 1939
1 more not listed; retrieve them via the Exa API.