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Chisholm Vs. Gilmer
Cites for this judgment
- US Supreme Court
- Nov 09, 1936
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U.S. 99 (1936) U.S. Supreme Court Chisholm v. GilmerSearch
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U.S. 99 (1936) Chisholm v. GilmerSearch
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District Judge (McDowell, J.), announced in 1904, shows the remedy by motion then accepted by the bar. Leas & McVitty v. MerrimanSearch
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percent of those begun at Norfolk, and 14 percent of those begun at Alexandria. Eley v. GambleSearch
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by writ or by informal notice, is a question of the practice of the state or of its forms and modes of proceeding. Amy v. WatertownSearch
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Iowa Central Ry. Co. v. IowaSearch
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The remedy by notice of motion has had repeated approval by the highest court of Virginia. Virginia Hot Springs Co. v. SchreckSearch
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Security Loan & Trust Co. v. FieldsSearch
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Drew v. AndersonSearch
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Call 51, 53. It is here sought to be applied not in equity or admiralty ( Coffey v. UnitedSearch
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S. 233 ), but in a common law cause, a quasi -contractual obligation being the source of liability. Shriver v. WoodbineSearch
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Coffin Brothers & Co. v. BennettSearch
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Whitford v. ClarkSearch
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by the statute. This is the view expressed more than thirty years ago by Judge McDowell in two cases ( Leas & McVitty v. MerrimanSearch
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supra, and Schofield v. PalmerSearch
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by United States, 234 F. 443, 445. It is the view accepted by the Court of Appeals for the Fourth Circuit in Eley v. GambleSearch
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supra, and again in the case at hand. Cf. Wile v. CohnSearch
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in that mandate at war with the validity of a summary notice of motion signed and issued by the parties. Whitley v. BookerSearch
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Kain v. AshworthSearch
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Mankin v. AldridgeSearch
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Wood v. KaneSearch
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have received a like construction. People v. LeeSearch
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Gilmer v. BirdSearch
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Curry v. HinmanSearch
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McKenna v. CooperSearch
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Herndon v. Wakefield-MooreSearch
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Hanna v. RussellSearch
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Dunlap v. BullSearch
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Bailey v. WilliamsSearch
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Whitney v. BlackburnSearch
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State v. SuperiorSearch
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Porter v. VandercookSearch
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were held to be applicable to the New York form of summons. Peaslee v. HaberstroSearch
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Page 299 U. S. 105 Dwight v. MerrittSearch
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F. 614. Insofar as these decisions and others following them ( United States v. MitchellSearch
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adopted by the District Court for the Eastern District of Virginia. The same objection was adequately answered in Eley v. GambleSearch
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U.S. Supreme Court Chisholm v. GilmerSearch
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Leas & McVitty v. MerrimanSearch
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Alexandria. Eley v. GambleSearch
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of Virginia. Virginia Hot Springs Co. v. SchreckSearch
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Coffey v. UnitedSearch
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Shriver v. WoodbineSearch
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and Schofield v. PalmerSearch
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Eley v. GambleSearch
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Cf. Wile v. CohnSearch
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Whitley v. BookerSearch
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