Interurban St. Ry. Co. v. Menard
| Citation | 145 F. 500 |
| Decision Date | 17 April 1906 |
| Docket Number | 204. |
| Parties | INTERURBAN ST. RY. CO. v. MENARD. |
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
Joseph Daly, for plaintiff in error.
J. M. Gardner, for defendant in error.
Before WALLACE, LACOMBE, and TOWNSEND, Circuit Judges.
Motion is made to dismiss the writ of error which was sued out by the railway company to review the judgment considered in Holbrook, Cabot & Daly Contracting Company v. Menard, opinion in which is herewith handed down (145 F. 498). There is nothing in the record to show summons and severance or its equivalent, and for the reasons set forth in that opinion the motion must be granted.
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American Baptist Home Mission Soc. v. Barnett
...instead of consolidating them, dismissed both. Holbrook, etc., Contracting Co. v. Menard (C. C. A.) 145 F. 498; Interurban St. Ry. Co. v. Menard (C. C. A.) 145 F. 500. The technical mode of proceeding to obtain severance is not important. Anything in the record which shows that the omitted ......
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Holbrook, Cabot & Daly Contracting Co. v. Menard
......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 the Holbrook, Cabot & Daly Contracting Company. She made. both companies defendant, averred that her injuries were. inflicted by reason of the 'carelessness and negligence. of the defendants, their servants, agents, or employes,'. and demanded ......