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Merchants Heat & Light Co. v. J. R. Clow & Sons, 204 U.S. 286 (1907)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Merchants Heat & Light Co. v. J. R. Clow & Sons, 204 U.S. 286 (1907)
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Merchants Heat & Light Co. v. J. R. Clow & Sons No. 118 Argued January 15, 1907 Decided January 28, 1907 204 U.S. 286
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE NORTHERN DISTRICT OF ILLINOIS
Syllabus
While a nonresident defendant corporation may not lose its right of objecting to the jurisdiction of the court on the ground of insufficient service of process by pleading to the merits pursuant to order of the court after objections overruled, it does waive its objections and submits to the jurisdiction if it also sets up a counterclaim, even though it be one arising wholly out of the transaction sued upon by plaintiff and in the nature of recoupment, rather than set-off.
At common law, a the doctrine has been developed, a demand in recoupment i recognized as a cross-demand, as distinguished from a defense.
The facts are stated in the opinion.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Merchants Heat & Light Co. v. J. R. Clow & Sons, 204 U.S. 286 (1907) in 204 U.S. 286 204 U.S. 288. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=PZVHTHE4AU6VWKM.
MLA:
U.S. Supreme Court. "Syllabus." Merchants Heat & Light Co. v. J. R. Clow & Sons, 204 U.S. 286 (1907), in 204 U.S. 286, page 204 U.S. 288. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=PZVHTHE4AU6VWKM.
Harvard:
U.S. Supreme Court, 'Syllabus' in Merchants Heat & Light Co. v. J. R. Clow & Sons, 204 U.S. 286 (1907). cited in 1907, 204 U.S. 286, pp.204 U.S. 288. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=PZVHTHE4AU6VWKM.
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