Osthaus v. Button, 5294.

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Writing for the CourtBUFFINGTON, DAVIS, and THOMPSON, Circuit
Citation70 F.2d 392
PartiesOSTHAUS v. BUTTON et al.
Docket NumberNo. 5294.,5294.
Decision Date27 March 1934

70 F.2d 392 (1934)

OSTHAUS
v.
BUTTON et al.

No. 5294.

Circuit Court of Appeals, Third Circuit.

March 27, 1934.


70 F.2d 393

Vosburg & Vosburg and A. A. Vosburg, all of Scranton, Pa., for appellant.

Walter Harris, of Scranton, Pa., for appellees.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal by C. E. Osthaus, defendant below, from an order of the District Court for the Middle District of Pennsylvania quashing an original and alias writ of scire facias. The plaintiffs, residents and citizens of the state of New York, brought an action in trespass to recover damages for injuries resulting from an automobile collision which they alleged was due to the negligence of Osthaus, appellant herein, a citizen of Pennsylvania residing in the Middle District of Pennsylvania. By authority of the Pennsylvania Act of April 10, 1929, P. L. 479, as amended by the Act of June 22, 1931, P. L. 663 (12 PS § 141), the appellant caused a writ of scire facias and subsequently an alias writ to issue against J. B. Lang Engine & Garage Company, Inc., appellee herein, as additional defendant. The alias writ reads:

"Whereas, in a case pending in our above Court, and captioned as above indicated, wherein Ernest D. Button and Bessie G. Button, residents of the City of Ithaca, and County of Tomkins, New York, are plaintiffs, and C. E. Osthaus, a resident of Overton Township, Bradford County, Pennsylvania, is the defendant, and in which the claim of the said plaintiffs against the said defendant is in excess of $3,000, the said plaintiffs have brought suit to recover a judgment against the said defendant for the cause of action set forth in the statement of claim therein, as by reference to said statement, attached to the copy of this writ, will more fully and at large appear, and whereas the defendant C. E. Osthaus in said suit alleges that the J. B. Lang Engine & Garage Company, Inc., a corporation having its principal place of business at Ithaca, New York, is either jointly liable with the defendant C. E. Osthaus for the cause of action declared on, or is solely liable to the plaintiffs for the whole amount of any judgment that may be recovered by the plaintiffs for the reason that the injuries and damages sustained by the plaintiffs resulted solely and proximately by reason of the reckless, negligent and unlawful operation of a Willys-Knight sedan automobile owned by the defendant, J. B. Lang Engine & Garage Company,...

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32 cases
  • Lewis v. United Air Lines Transport Corporation, 44
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • August 18, 1939
    ...F.2d 897; Lowry & Co. v. National City Bank, D. C., 28 F.2d 895; Franklin v. Meredith Co., 2 Cir., 64 F.2d 109; Osthaus v. Button, 3 Cir., 70 F.2d 392; Grobel v. Miller, 3 Cir., 71 F.2d 503; Galveston, H. & S. A. R. Co. v. Hall, 5 Cir., 70 F.2d 608; Devost v. Twin State G. & E. Co., 1 Cir.,......
  • Lockhart v. Garden City Bank & Trust Co., 113.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 30, 1940
    ...738, 51 S.Ct. 270, 75 L.Ed. 645, that "valid liens existing at the time of the commencement of a bankruptcy proceeding are preserved." 70 F.2d 392. Indeed, our conclusion here is even more compelling than the similar decision reached in the Lake County case, for the Illinois statute there i......
  • Ad Hoc Committee of Equity Holders v. Wolford, Civil Action No. 06-665-GMS-MPT.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • May 21, 2008
    ...the members of the Ad Hoc Committee is a citizen of the same state of which any of the Defendants is a citizen."). 31. Osthaus v. Button, 70 F.2d 392, 394 (3d Cir. 1934); Transamerica Corp. v. Reliance Ins. Co. of Illinois, 884 F.Supp. 133, 137 (D.Del. 1995) ("It is axiomatic that there mus......
  • Day v. NORTH AMERICAN RAYON CORPORATION, Civ. A. No. 2948.
    • United States
    • United States District Courts. 6th Circuit. Eastern District of Tennessee
    • May 3, 1956
    ...have to be dismissed for lack of jurisdiction. Friend v. Middle Atlantic Transp. Co., 2 Cir., 153 F.2d 778; Osthaus v. Button, 3 Cir., 70 F.2d 392. Dismissal would delay the right of the plaintiff to proceed against the original defendant and thus run counter to the statute, section For thi......
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