219 F. 719 (4th Cir. 1915), 1289, Hill v. Eagle Glass & Mfg. Co.

• Citation: 219 F. 719
• Date: 13 January 1915
• Docket Number: 1289.
• Parties: HILL et al. v. EAGLE GLASS & MFG. CO.
• Court: U.S. Court of Appeals — Fourth Circuit

Page 719

219 F. 719 (4th Cir. 1915)

HILL et al.

v.

EAGLE GLASS & MFG. CO.

No. 1289.

United States Court of Appeals, Fourth Circuit.

January 13, 1915

John A. Howard, of Wheeling, W. Va., for appellants.

John C. Palmer, Jr., and Geo. R. E. Gilchrist, both of Wheeling, W. Va., for appellee.

Before KNAPP and WOODS, Circuit Judges, and WADDILL, District Judge.

WOODS, Circuit Judge.

In this suit for injunction by the Eagle Glass & Manufacturing Company against Thomas B. Rowe,

Page 720

individually and as president, and a number of other officers of the American Flint Glass Workers' Union, individually and in their official capacity, all alleged to be residents of the state of Ohio, none of the defendants were served except Joseph Gillooly, a member of the executive board and one of the organizers of the union, who was found in the state of West Virginia. A temporary order was granted restraining the defendants from doing certain alleged illegal acts in furtherance of their alleged illegal scheme to unionize the plaintiff's plant. The fact that Gillooly was not a resident of the state of Ohio, but of the state of West Virginia, having been made to appear through his counsel, Mr. John A. Howard, the court dismissed the bill as to him and retained it as to the other defendants, on the ground that Mr. Howard had formally appeared for all the defendants. Mr. Howard having made a perfectly clear, uncontroverted showing to the court that he had no authority to represent the other defendants, and that he had appeared generally by inadvertence, when he intended to appear for Gillooly alone, the court upon the most obvious principles of right and common sense ordered the appearance as to the defendants other than Gillooly struck out.

In the meantime, however, on November 27, 1913, an order was made allowing the plaintiffs to amend the bill by making Peter J. Glasstetter and others, members at Steubenville, Ohio, of the American Flint Glass Workers' Union, defendants. The amended bill alleged that these members of the union were assisting the officers of the union named in the original bill 'in the efforts to unionize plaintiff's employes and to force plaintiff to recognize said American Flint Glass Workers' Union. ' The new parties defendant submitted affidavits that they were only members, not officers, of a local union, that Rowe and others, who were the general officers of the union, were not authorized to represent...