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Mccandless Vs. Furlaud
Cites for this judgment
- US Supreme Court
- Nov 05, 1934
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U.S. 67 (1934) U.S. Supreme Court McCandless v. FurlaudSearch
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U.S. 67 (1934) McCandless v. FurlaudSearch
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goes not to the court's jurisdiction, but to his legal capacity as plaintiff. P. 293 U. S. 74 . 3. Booth v. ClarkSearch
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controversy, reversed the decree. 68 F.2d 925, 927. It did so, solely on the ground that, under the rule of Booth v. ClarkSearch
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practice, an objection to the legal capacity of the plaintiff to sue could be taken only by plea in abatement. Kane v. PaulSearch
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Pet. 161, 35 U. S. 168 . New, it may be taken by plea in bar or by answer. Noonan v. BradleySearch
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own motion, dismiss the suit if it appears that the trial court was without jurisdiction, Mansfield, C. & L.M. Ry. Co. v. SwanSearch
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the Court of Appeals held fatal to the maintenance of this suit differs, in essence, from that sustained in Booth v. ClarkSearch
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for New York and authorized to bring the suit, would have been good on demurrer. Great Western Mining & Mfg. Co. v. HarrisSearch
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U. S. 561 , 198 U. S. 576 , shows that the rule of Booth v. ClarkSearch
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The nature of the rule of Booth v. ClarkSearch
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operates to transfer title, the foreign receiver may sue in the federal court for another state. See Bernheimer v. ConverseSearch
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U. S. 516 . Compare Converse v. HamiltonSearch
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U.S. Supreme Court McCandless v. FurlaudSearch
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Booth v. ClarkSearch
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of Booth v. ClarkSearch
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Kane v. PaulSearch
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Mansfield, C. & L.M. Ry. Co. v. SwanSearch
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Great Western Mining & Mfg. Co. v. HarrisSearch
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See Bernheimer v. ConverseSearch
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Compare Converse v. HamiltonSearch
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Clark v. WilliardSearch
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Noonan v. BradleySearch
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