Sandusky Cement Co. v. A. R. Hamilton & Co.
District Court, N.D. Ohio
At Law. Action by the Sandusky Cement Company against A. R. Hamilton & Co., a corporation, begun in the state court and removed to the United States District Court. On motion to dismiss.
1Opinion of the Court
WESTENHAVER, District Judge.
This action was begun in the court of common pleas of Cuyahoga county and was properly removed to this court. The defendant, appearing specially for the purpose, moves to dismiss this action on the ground that it appears that no jurisdiction was properly acquired of either the person or property of the defendant.
The summons in this action was returned as to the defendant “Not found.” An order of attachment and notice of garnishee was also issued at the same time upon an affidavit duly filed. The return of the order of attachment shows no levy or seizure of any…
2Cases cited3 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Cleveland & Western Coal Co. v. J. H. Hillman & Sons Co.District Court, N.D. Ohio · 1917
- Rice v. Sharpleigh Hardware Co.U.S. Circuit Court for the District of Western Tennessee · 1898
3Cited by3 opinions
- La Varre v. International Paper Co.District Court, E.D. South Carolina · 1929
- McEwen v. Sterling State BankMissouri Court of Appeals · 1928
- United States National Bank v. RawsonOregon Supreme Court · 1935