1. Home
  2. Browse Decisions
  3. F.2d
  4. 35 F.2d
  5. 35 F.2d 842 (1929)
 

NATIONAL SURETY CO. v. AUSTIN MACHINERY CORPORATION

No. 5208.

35 F.2d 842 (1929)

NATIONAL SURETY CO. v. AUSTIN MACHINERY CORPORATION et al.

Circuit Court of Appeals, Sixth Circuit.

November 15, 1929.

Attorney(s) appearing for the Case

M. G. Evans and A. L. Heiskell, both of Memphis, Tenn. (Anderson & Heiskell, of Memphis, Tenn., Cutrer & Smith, of Clarksdale, Miss., and Sivley, Evans & McCadden, of Memphis, Tenn., on the brief), for appellant.

P. H. Lowrey, of Marks, Miss., and Wm. P. Metcalf, of Memphis, Tenn. (Metcalf, Metcalf & Apperson, of Memphis, Tenn., and Lowrey & Lamb, of Marks, Miss., on the brief), for appellees.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

MOORMAN, Circuit Judge (after stating the facts as above).

It is the contention of appellant that the lower court should have dismissed this action because of the pendency of the chancery court action in Mississippi. The basis of this contention is, of course, the jurisdiction of the Mississippi court over the subject-matter and parties here involved. This is claimed upon the ground that that proceeding was an action in rem, it being conceded that if it was in personam...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases