Hamilton v. Fowler
U.S. Circuit Court for the District of Western Tennessee
Motion to Dissolve Injunction. Tins bill was filed on the 28th of June, 1897, in the chancery court of Shelby county, Tenn.
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Motion to Dissolve Injunction. Tins bill was filed on the 28th of June, 1897, in the chancery court of Shelby county, Tenn. It prays for an injunction against the sale of real estate mortgaged by the plaintiffs to secure a loan of $10,0.00 by the Jarvis-Conklin Mortgage Trust Company of Missouri, upon the ground that the contract was invalid, because of the failure of the Jarvis-Conklin Mortgage Trust Company to comply with the statutes of Tennessee requiring all foreign corporations to. file their charters and abstracts of them with the secretary of state and in the registers’ offices of the…
1Opinion of the CourtHammond, J.
(after stating tlie facts). The objection by the plaintiffs to the hearing of this motion is that it is premature, it being contended that the court has no jurisdiction or at least no power to dispose of this matter until after the first day of the next term of the court, on the fourth Monday in November next.. They contend that this is a statutory regulation in the practice of removed cases, which cannot be changed by any action of the court before that time’ ' The question thus presented has never been passed upon by the supreme court of the United States nor the circuit court of appeals,…
2Cases cited31 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- Kern v. HuidekoperSupreme Court of the United States · 1881
- Railroad Co. v. MississippiSupreme Court of the United States · 1880
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3Cited by9 opinions
- Champlain Const. Co. v. O'BrienU.S. Circuit Court for the District of Vermont · 1900
- Chase v. ErhardtDistrict Court, D. Vermont · 1912
- Coca-Cola Bottling Co. of Henderson v. MunnCourt of Appeals for the Fourth Circuit · 1938
- Ryder v. BatemanU.S. Circuit Court for the District of Western Tennessee · 1898
- Goldberg, Bowen & Co. v. German Ins. Co.U.S. Circuit Court for the District of Eastern Louisiana · 1907
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