Friday, December 27, 2013

Campbell v. Murdock case brief

Campbell v. Murdock case brief summary
90 F.Supp. 297 (1950)

CASE SYNOPSIS
Defendants filed motions to dismiss plaintiff's action that sought to foreclose a mechanic's lien on property owned by defendant landowner.

CASE FACTS
Plaintiff filed an action that sought to foreclose a mechanic's lien on defendant landowner's property. Defendant agent filed a motion to dismiss for failure to state a claim for which relief could be granted, and defendant landowner filed a motion to dismiss to the extent that it requested personal judgment and moved for a more definite statement.

DISCUSSION

  • The court granted defendant agent's motion to dismiss because defendant was a disclosed agent and plaintiff had to elect whether to proceed against defendant agent or defendant landowner.
  • The court determined that plaintiff's failure to seek relief against defendant agent was an election to sue defendant landowner only. 
  • The court overruled defendant landowner's motion to dismiss because 28 U.S.C.S. § 1655 permitted the court to enter a personal judgment against a non-resident if he appeared, and defendant landowner waived the objection to jurisdiction by moving for a more definite statement.

CONCLUSION
Defendant agent's motion to dismiss was granted because plaintiff elected to sue defendant landowner rather than defendant agent. Defendant landowner's motion to dismiss was overruled because the court had jurisdiction to enter a personal judgment against defendant landowner, and defendant landowner waived the objection to jurisdiction.


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