Holbrook, Cabot & Daly Contracting Co. v. Menard
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon a writ of error to review a judgment of the Circuit Court, Southern District of New York, in favor of defendant in error, who was plaintiff below, against plaintiff in error and the Interurban Street Railway Company, who were defendants below.
1Per curiam
Upon the cause being reached for argument, the defendant in error moved to dismiss the writ of error, upon the ground that, the judgment appealed from being a joint one and the codefendant not joined in the writ, this court is without jurisdiction to hear the appeal. The motion is made upon the record, and the record only can be considered. Inglehart v. Stansbury, 151 U. S. 72, 14 Sup. Ct. 237, 38 L. Ed. 76. It discloses the following facts: Plaintiff averred that she was injured by reason of a collision between one of the cars of the Interurban Street Railway Company and one of the trucks of…
2Cases cited5 opinions
- Hardee v. WilsonSupreme Court of the United States · 1892
- Davis v. Mercantile Trust Co.Supreme Court of the United States · 1894
- Mason v. United StatesSupreme Court of the United States · 1890
- Inglehart v. StansburySupreme Court of the United States · 1894
- Beardsley v. Arkansas & L. Ry. CoSupreme Court of the United States · 1895
3Cited by5 opinions
- Griffin v. Southern Pacific Co.Utah Supreme Court · 1906
- American Baptist Home Mission Soc. v. BarnettCourt of Appeals for the Second Circuit · 1928
- Babcock v. NortonCourt of Appeals for the Second Circuit · 1924
- Interurban St. Ry. Co. v. MenardCourt of Appeals for the Second Circuit · 1906
- Preston v. Fidelity & Deposit Co.Court of Appeals for the Sixth Circuit · 1938