Hayward v. Nordberg Mfg. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Michigan. This was an action commenced by summons in the circuit court for the county of Kent, state of Michigan, by John W. Hayward, a citizen of Michigan, against the Nordberg Manufacturing Company, a corporation of the state of Wisconsin. After the defendant company had, by attorney, entered an appearance, a declaration was filed, and copy served.
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In Error to the Circuit Court of the United States for the Western District of Michigan. This was an action commenced by summons in the circuit court for the county of Kent, state of Michigan, by John W. Hayward, a citizen of Michigan, against the Nordberg Manufacturing Company, a corporation of the state of Wisconsin. After the defendant company had, by attorney, entered an appearance, a declaration was filed, and copy served. The ad damnum named in the writ of summons was $5,000. The declaration included three counts. The first was a special count upon a contract, by which the plaintiff was…
1Opinion of the CourtLurton, Circuit Judge
The preliminary question as to the jurisdiction of the circuit court must be decided against the plaintiff in error. Under the common counts of thé declaration filed in the state court there- was no rule of law by which the plaintiff was prevented from recovering a judgment for any sum within the ad damnum clause of the writ of summons, which was $5,000. The. declaration disclosed most clearly a cause of action within the jurisdiction of the circuit court, inasmuch as the demand, under the common counts, was $5,000, a sum in excess of the amount necessary to give jurisdiction to that court.…
2Cases cited16 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Trist v. ChildSupreme Court of the United States · 1875
- Barry v. EdmundsSupreme Court of the United States · 1886
- Marshall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1854
- Tool Co. v. NorrisSupreme Court of the United States · 1865
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3Cited by30 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Noble v. Mead-Morrison Manufacturing Co.Massachusetts Supreme Judicial Court · 1921
- Mahoney v. Lincoln Brick Co.Michigan Supreme Court · 1943
- Travelers' Protective Ass'n of America v. SmithCourt of Appeals for the Fourth Circuit · 1934
- Darlyne Parmelee and Frank Parmelee v. E. A. Ackerman, AKA Ada Ackerman, Dba the House of Charm StudiosCourt of Appeals for the Sixth Circuit · 1958
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