United States Supreme Court Cases & Opinions

U.S. Supreme Court

Columbus Construction Co. v. Crane Co., 174 U.S. 600 (1899)

Columbus Construction Company v. Crane Company

No. 462

Submitted April 17, 1899

Decided May 22, 1899

174 U.S. 600

Syllabus

The Judiciary Act of March 3, 1891, c. 517, 26 Stat. 826, does not contemplate several separate appeals or writs of error on the merits in the same case and at the same time to two appellate courts, and therefore the writ in this case in this Court, which was taken while the case was pending in the circuit court of appeals, is dismissed.

In May, 1891, the Columbus Construction Company, a corporation of the State of New Jersey, brought in the Circuit Court of the United States for the Northern district of Illinois an action at law against the Crane Company, a corporation of the State of Illinois. The case was put at issue, and the trial resulted in a verdict and judgment in favor of the plaintiff in the sum of $48,000. This judgment was reversed by the circuit court of appeals upon a writ of error sued out by the defendant. 73 F.9d 4. Thereafter the case was again tried, and resulted in a verdict and judgment in favor of the defendant, upon a plea of set-off, in the sum of $98,085.94, as of the date of March 2, 1898.

On the 25th day of August, 1898, a writ of error to reverse this judgment was sued out by the plaintiff from the Circuit Court of Appeals of the Seventh circuit, where the case is now pending.

On the 27th day of September, 1898, the plaintiff also sued out a writ of error from this Court. On April 17, 1899, the defendant in error filed a motion to dismiss this writ of error, and on the same day the plaintiff in error filed a petition for a writ of certiorari to the Circuit Court of Appeals of the Seventh circuit.

Page 174 U. S. 601