Standard Sewing Mach. Co. v. Leslie
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Leslie began this action in the superior court of .Cook county, 111., upon a contract executed by the parties on August 20, 1884. The cause was removed to the federal court, on the petition of the company, on the ground of diversity of citizenship. The contract provided: (1) A prior contract is hereby rescinded.
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In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Leslie began this action in the superior court of .Cook county, 111., upon a contract executed by the parties on August 20, 1884. The cause was removed to the federal court, on the petition of the company, on the ground of diversity of citizenship. The contract provided: (1) A prior contract is hereby rescinded. (2) A trustee, to whom Leslie has conveyed full title, shall hold all of Leslie’s patents for improvements in sewing machines and patents on “the Rotary Shuttle Sewing…
1Opinion of the CourtBaker, Circuit Judge
If the state court had no jurisdiction, fhe federal court acquired none by removal, even though the defect was that the action should have been brought in the federal court in the first place. That the state court had jurisdiction of the subject-matter of the counts for wrongfully failing to make the required number of machines and for wrongfully refusing to surrender the patents after demand plaintiff in error does not controvert, but contends that since these counts, though not dismissed, were not supported by evidence, they cannot be considered; that the subject-matter of the remaining…
2Cases cited4 opinions
- Roberts v. CooperSupreme Court of the United States · 1858
- Albright v. TeasSupreme Court of the United States · 1883
- Leslie v. Standard Sewing-Mach. Co.Court of Appeals for the Seventh Circuit · 1900
- Standard Sewing-Mach. Co. v. LeslieCourt of Appeals for the Seventh Circuit · 1897
3Cited by16 opinions
- Victor Talking Mach. Co. v. FairCourt of Appeals for the Seventh Circuit · 1903
- Harding v. GillettSupreme Court of Oklahoma · 1909
- Luminous Unit Co. v. Freeman-Sweet Co.Court of Appeals for the Seventh Circuit · 1924
- Kaku Nagano v. Brownell, Atty. GenCourt of Appeals for the Seventh Circuit · 1954
- Pacific American Fisheries v. HoofCourt of Appeals for the Ninth Circuit · 1923
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