Olivier v. Mt. Union Tanning & Extract Co.
Court of Appeals for the Third Circuit
In Error to the District Court of the United States, for the Middle District of Pennsylvania; Charles B. Witmer, Judge. Action by Marcel Olivier and others, copartners as Olivier & Co., against the Mt. Union Tanning & Extract Company. Judgment for plaintiffs' for an insufficient amount (253 Fed. 593), and they bring error.
1Opinion of the Court
HAIGHT, Circuit Judge.
This case was tried without a jury, pursuant to sections 649 and 700 of the Revised Statutes (Comp. St. §§ 1587, 1668), and resulted in a judgment in favor of the plaintiffs in error (the plaintiffs below), who nevertheless prosecute this writ of error, because the court below did not award them all the relief that they sought. The action was in replevin, to recover approximately 1,576 tons of logwood, of which the plaintiffs claimed to be the owners, or at least entitled to its possession. The marshal was able to find, and seized by virtue of the writ, only 815 tons,…
2Cases cited3 opinions
- Fort Scott v. HickmanSupreme Court of the United States · 1884
- United States ex rel. John Davis Co. v. Illinois Surety Co.Court of Appeals for the Seventh Circuit · 1915
- Rathbone v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1897
3Cited by3 opinions
- Howbert v. PenroseCourt of Appeals for the Tenth Circuit · 1930
- Huntington Securities Corporation v. BuseyCourt of Appeals for the Sixth Circuit · 1940
- Mann v. Mt. Union Tanning & Extract Co.District Court, M.D. Pennsylvania · 1920