ELKHART CARRIAGE & MOTOR CAR CO. v. PARTIN

No. 4340.

9 F.2d 393 (1925)

ELKHART CARRIAGE & MOTOR CAR CO. v. PARTIN.

Circuit Court of Appeals, Sixth Circuit.

December 11, 1925.


Attorney(s) appearing for the Case

W. E. Wider, of Elkhart, Ind. (T. A. Lancaster, of Lexington, Tenn., on the brief), for plaintiff in error.

Charles M. Bryan, of Memphis, Tenn. (Bryan & Brode, of Memphis, Tenn., on the brief), for defendant in error.

Before DONAHUE, MACK, and MOORMAN, Circuit Judges.


MACK, Circuit Judge.

Pursuant to Tennessee statutory practice, there was filed in the state court a bill in equity, instead of an action at law, for breach of contract in failing to pay an alleged balance of salary due under a contract of employment. The principal defendant removed the case; the codefendants, garnishees, did not appear and were disregarded.

On removal the cause was docketed on the equity side and tried by the District Judge, who entered a...

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