[DOWNLOAD] "State Ex Rel. Allis-Chalmers Mfg. Co. Et" by 536 Supreme Court of Indiana No. 28 # Book PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Allis-Chalmers Mfg. Co. Et
• Author : 536 Supreme Court of Indiana No. 28
• Release Date : January 24, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This is an original action to prohibit the trial court from continuing jurisdiction in a cause pending therein numbered 15964, entitled Bert Nightenhelser, and Julius Ballard v. Allis-Chalmers Manufacturing Company, a corporation, Charles J. Scranton, C. E. Frudden, and Earl Nevin, after the relator, Allis-Chalmers Manufacturing Company, a corporation organized under the laws and a citizen of the State of Delaware, had filed a verified petition and bond in the penal sum of $1,000 for the removal of said cause to the United States District Court for the Southern District of Indiana, Indianapolis Division. Immediately thereafter said relators filed a copy of said petition and bond with the clerk of the Boone Circuit Court, and gave notice of such removal to counsel for the plaintiffs, pursuant to § 1446, Title 28, U.S. Code [Public Law 773, -- 80th Congress, Chapter 646 -- 2nd Session, Effective Sept. 1, 1948]. Plaintiffs' first paragraph of second amended complaint charged the defendants with fraud in obtaining their ideas, inventions, plans, drawings and specifications for new types of a corn picker and rotary cultivator. The second paragraph alleged a breach of contract to pay the reasonable value for said property, and each paragraph demanded damages in the sum of $1,000,000. The case was being tried by a jury, and before argument, and while the instructions were being indicated by the trial court, the plaintiffs on March 9, 1949, moved the court ""that said cause be dismissed as to the defendants Charles J. Scranton and C. E. Frudden,"" which motion was at said time sustained by the court. No jurisdiction had even been obtained of the defendant Earl Nevin, but defendant Charles J. Scranton, a residence to fIa, had been duly served with summons, and the defendant C. E. Frudden, who was a nonresident of Indiana, had voluntarily appeared by counsel, so that upon dismissal the only remaining defendant in the trial court was the nonresident corporation, Allis-Chalmers Manufacturing Company.

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