United States Supreme Court Cases & Opinions

U.S. Supreme Court

Brock v. Northwestern Fuel Co., 130 U.S. 341 (1889)

Brock v. Northwestern Fuel Company

No. 210

Argued and submitted March 19, 1889

Decided April 8, 1889

130 U.S. 341

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF IOWA

Syllabus

When it does not appear affirmatively from the record that the circuit court had jurisdiction, the judgment below will be reversed and the cause remanded for further proceedings in accordance with law.

The Northwestern Fuel Company, a Minnesota corporation, brought this action February 18, 1882, to recover from the plaintiffs in error, citizens of Iowa, the sum of $1,309.50 alleged to be due under a written contract made July 21, 1881, between the latter and the What Cheer Land and Coal Company, a corporation alleged to be "doing business in the state of

Page 130 U. S. 342

Iowa," the benefits of which contract were assigned by that company to the plaintiff. The contract related to coal to be mined by the What Cheer Land and Coal Company at its mine in Iowa, and which Brock & Co. agreed to receive and pay for at certain specified rates. The defendants, Brock and McKenzie, in their answer, asserted a counterclaim of $20,000 against the plaintiff. There was a verdict against the defendants for $1,402.47. The case was brought here for review in respect to numerous errors of law alleged to have been committed by the court below to the prejudice of the defendants.