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ELLENWOOD v. MARIETTA CHAIR CO.

No. 234.

158 U.S. 105 (1895)

15 S.Ct. 771

39 L.Ed. 913

ELLENWOOD, v. MARIETTA CHAIR COMPANY.

Supreme Court of United States.

Decided May 6, 1895.

Attorney(s) appearing for the Case

Mr. Assistant Attorney General Whitney, with whom was Mr. George L. Sterling on the brief, for plaintiff in error.

Mr. A.D. Follett, with whom was Mr. R.A. Harrison on the brief, for defendant in error.

MR. JUSTICE GRAY delivered the opinion of the court.

This action was brought in the Circuit Court of the United States for the Southern District of Ohio, by one Walton, administrator of the estate of Latimer Bailey, deceased, and a citizen of New Jersey, against the Marietta Chair Company, a corporation of Ohio.

The original petition contained two counts; one count alleging that the defendant, on January 1, 1875, and on divers days between that day and May...

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