Wagner Electric Mfg Co v. Lyndon, No. 738

CourtUnited States Supreme Court
Writing for the CourtTAFT
Citation67 L.Ed. 961,43 S.Ct. 589,262 U.S. 226
PartiesWAGNER ELECTRIC MFG. CO. v. LYNDON et al
Docket NumberNo. 738
Decision Date21 May 1923

262 U.S. 226
43 S.Ct. 589
67 L.Ed. 961
WAGNER ELECTRIC MFG. CO.

v.

LYNDON et al.

No. 738.

Submitted on Motion to Dismiss April 30, 1923.

Decided May 21, 1923.

[Syllabus from 226-227 intentionally omitted]

Page 227

Mr. Charles A. Houts, of St. Louis, Mo., for appellant.

Messrs. Lawrence C. Kingsland and John D. Rippey, both of St. Louis, Mo., for appellees.

Page 228

Mr. Chief Justice TAFT delivered the opinion of the Court.

This is a motion to dismiss or affirm by the appellees in an appeal from the decree of the Circuit Court of Appeals of the Eighth Circuit.

The record discloses the following:

On May 10, 1917, the appellee Lamar Lyndon brought suit in the circuit court of the city of St. Louis, Mo., against the appellant, the Wagner Electric Manufacturing Company, to recover royalties on a patent owned by Lyndon, alleged to be due under a contract between the parties. A trial before a jury was had, in which evidence was introduced by both sides, and at the close of all the evidence, the court directed a verdict for the plaintiff, and judgment followed for $12,029.50. The Wagner Company appealed from this judgment to the Supreme Court of Missouri, where it was duly assigned for hearing to Division No. 1 of that court under a provision of the Constitution of Missouri that the Supreme Court shall consist of seven judges and shall be divided into two divisions, one to consist of four judges, known as Division No. 1, a majority thereof to constitute a quorum, and its judgments as to causes and matters before it to have the force and effect of law. On January 21st, the appeal was argued before three of the judges of Division No. 1, and printed arguments were filed by both parties. Judgment was subsequently rendered by the four judges (Lyndon v. Wagner Electric Mfg. Co., 285 Mo. 77, 225 S. W. 711), the opinion being written and filed, with the concurrence of the other three judges, by Judge Woodson, of the Division. Judge Woodson had not heard the oral argument. The Wagner Company filed a motion for rehearing, and a motion to transfer the cause to the court in banc, which were denied.

The Wagner Company then applied to this court for a writ of certiorari to review the judgment of the Missouri

Page 229

Supreme Court, which was denied in April, 1921. Wagner v. Lyndon, 256 U. S. 690, 41 Sup. Ct. 449, 65 L. Ed. 1173. Thereafter, on a mandate from the Supreme Court of Missouri, the state circuit court issued execution against the Wagner Company on the judgment. The sheriff made a levy on the real property of the Wagner Company, which filed a bill in the United States District Court for the Eastern District of Missouri, against Lyndon and the sheriff, seeking an injunction against their proceeding with the execution. Application for a preliminary injunction on this bill was denied by the District Court. The Wagner Company then paid the judgment and costs, amounting to $15,015.29, to the sheriff, and at once brought the present bill in the United States District Court against Lyndon and the sheriff, seeking to hold the sheriff as trustee in his custody of the fund, and to enjoin him from paying the money to Lyndon, and Lyndon from receiving it. The jurisdiction was asserted on the ground that the case was one arising under the Constitution of the United States. The District Court heard the case and dismissed the bill. The Wagner Company then appealed to the Circuit Court of Appeals, which affirmed the decree of the District Court. 282 Fed. 219.

The grounds urged in behalf of the relief sought in the District Court, the Circuit Court of Appeals, and this court were, first, that the action of the circuit court of St. Louis, in directing a verdict for plaintiff without evidence to warrant such action, deprived the defendant, the Wagner Company, of its property without due process of law and denied it the equal protection of the laws; second, that the action of Division No. 1 of the Missouri Supreme Court in hearing the case on appeal with three judges and allowing a fourth, who did not hear the oral argument, to take part in the decision and write the opinion, and the refusal of Division No. 1 of the Supreme Court of Missouri to transfer the cause to be heard by

Page 230

the Supreme Court in banc, as required by the law of Missouri when a federal question is involved, deprived the Wagner Company of its property without due process of law and denied it the equal protection of the laws.

Defendant Lyndon moved to dismiss the complaint because the court was without jurisdiction, there being no substantial federal question, and because the bill sought an injunction to stay proceedings in a state court contrary to section 265 of the Judicial Code (Comp. St. § 1242). The District Court dismissed the bill on the first ground. No other questions were presented to the District Court. The only appeal from its decision allowed by law was therefore to this court under section 238 (Comp. St. § 1215), on the ground that the sole issues involved were those involving the application or construction of the Constitution or the jurisdiction of the District Court. American Sugar Refining Co. v. New Orleans. 181 U. S. 277-281, 21 Sup. Ct. 646, 45 L. Ed. 859; Huguley Mfg. Co. v. Galeton Cotton Mills, 184 U. S. 290, 295, 22 Sup....

To continue reading

Request your trial
45 practice notes
  • Colgrove v. Battin 8212 1442, No. 71
    • United States
    • United States Supreme Court
    • June 21, 1973
    ...Dealers Mutual Fire Ins. Co. v. Glidden Co., 284 U.S. 151, 158, 52 S.Ct. 69, 71, 79 L.Ed. 214 (1931); Wagner Electric Mfg. Co. v. Lyndon, 262 U.S. 226, 232, 43 S.Ct. 589, 591, 67 L.Ed. 961 (1923). 5. The author of this opinion believes that the Fourteenth Amendment was intended to incorpora......
  • Odom v. Langston, No. 40207.
    • United States
    • United States State Supreme Court of Missouri
    • November 10, 1947
    ...under the 14th Amendment. 12 C.J., sec. 997, p. 1220; Howard v. Kentucky, 200 U.S. 164, 50 L. Ed. 421; Wagner Electric Co. v. Lynden, 262 U.S. 226, 67 L. Ed. 961; Dunbar v. New York, 251 U.S. 516, 64 L. Ed. 384. (9) The court should assess damages against appellants for a frivolous and vexa......
  • Swift Co v. United States, No. 181
    • United States
    • United States Supreme Court
    • March 19, 1928
    ...our taking jurisdiction of the whole case, had it come before us on writ of error or appeal. Wagner Electric Manufacturing Co. v. Lyndon, 262 U. S. 226, 231, 43 S. Ct. 589, 67 L. Ed. 961; Waggoner Estate v. Wichita County, 273 U. S. 113, 116, 47 S. Ct. 271, 71 L. Ed. 566. It is no more so n......
  • Bute v. People of State of Illinois, No. 398
    • United States
    • United States Supreme Court
    • April 19, 1948
    ...Co. v. White, 243 U.S. 188, 208, 37 S.Ct. 247 (254), 61 L.Ed. 667, L.R.A.1917D, 1, Ann.Cas.1917D, 629; Wagner Electric Mfg. Co. v. Lyndon, 262 U.S. 226, 232, 43 S.Ct. 589, 591, 67 L.Ed. 961. As to the Fourth Amendment, one should refer to Weeks v. United States, 232 U.S. 383, 398, 34 S.Ct. ......
  • Request a trial to view additional results
45 cases
  • Colgrove v. Battin 8212 1442, No. 71
    • United States
    • United States Supreme Court
    • June 21, 1973
    ...Dealers Mutual Fire Ins. Co. v. Glidden Co., 284 U.S. 151, 158, 52 S.Ct. 69, 71, 79 L.Ed. 214 (1931); Wagner Electric Mfg. Co. v. Lyndon, 262 U.S. 226, 232, 43 S.Ct. 589, 591, 67 L.Ed. 961 (1923). 5. The author of this opinion believes that the Fourteenth Amendment was intended to incorpora......
  • Odom v. Langston, No. 40207.
    • United States
    • United States State Supreme Court of Missouri
    • November 10, 1947
    ...under the 14th Amendment. 12 C.J., sec. 997, p. 1220; Howard v. Kentucky, 200 U.S. 164, 50 L. Ed. 421; Wagner Electric Co. v. Lynden, 262 U.S. 226, 67 L. Ed. 961; Dunbar v. New York, 251 U.S. 516, 64 L. Ed. 384. (9) The court should assess damages against appellants for a frivolous and vexa......
  • Swift Co v. United States, No. 181
    • United States
    • United States Supreme Court
    • March 19, 1928
    ...our taking jurisdiction of the whole case, had it come before us on writ of error or appeal. Wagner Electric Manufacturing Co. v. Lyndon, 262 U. S. 226, 231, 43 S. Ct. 589, 67 L. Ed. 961; Waggoner Estate v. Wichita County, 273 U. S. 113, 116, 47 S. Ct. 271, 71 L. Ed. 566. It is no more so n......
  • Bute v. People of State of Illinois, No. 398
    • United States
    • United States Supreme Court
    • April 19, 1948
    ...Co. v. White, 243 U.S. 188, 208, 37 S.Ct. 247 (254), 61 L.Ed. 667, L.R.A.1917D, 1, Ann.Cas.1917D, 629; Wagner Electric Mfg. Co. v. Lyndon, 262 U.S. 226, 232, 43 S.Ct. 589, 591, 67 L.Ed. 961. As to the Fourth Amendment, one should refer to Weeks v. United States, 232 U.S. 383, 398, 34 S.Ct. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT