United States ex rel. Proctor Mfg. Co. v. Stannard

Citations

• 207 F. 198
• 1913 U.S. Dist. LEXIS 1308

Syllabus

<p>1. United States (§ 67*)—Public Wobks—Contbactob’s Bond—Action— Complaint.</p> <p>The complaint of a subcontractor in an action on the bond of a contractor with the United States for construction of public works held to allege and show complete performance-of the contract and final settlement thereof, that no action on the bond had been brought by the United States, and that plaintiff’s action was brought more than six months and less than one year after such performance and settlement, entitling plaintiff, under Act Aug. 13, 1894, c. 280, 28 Stat. 278 (U. S. Comp. St 1901, p. 2523), as amended by Act Dob. 24, 1905, c. 778, 33 Stat. 811 (U. S. Comp. St. Supp. 1911, p. 1071), to bring the action.</p> <p>[Ed. Note.—Dor other cases, see United States, Cent. Dig. § 50; Dec. Dig. § 67.*]</p> <p>2. Courts (§ 275*)—District in Which Suit is Brought—Complaint.</p> <p>The legal capacity of plaintiff to sue is shown by the complaint, alleging that plaintiff is a corporation organized under and pursuant to the laws of the state, and having its principal office and place of business in a certain county, which county is within the district of the federal court in which the action is brought.</p> <p>[Ed. Note.—Dor other cases, see Courts, Cent. Dig. § 815; Dec. Dig. § 275.*]</p> <p>3. Evidence (§ 25*)—Judicial Notice—Location op Counties.</p> <p>A federal court will take .judicial notice that certain counties are within the district of such court in which the action is brought.</p> <p>[Ed. Note.—Dor other cases, see Evidence, Cent. Dig. §§ 31-33; Dec. Dig. § 25.*]</p> <p>4. Action (§ 22*)-—Legal or Equitable—Process.</p> <p>The action which Act Aug. 13, 1894, c. 280, 28 Stat. 278 (U. S. Comp. St .1901, p. 2523), as amended by Act Deb. 24, 1905, c. 778, 33 Stat. 811 (U. S. Comp. St. Supp. 1911, p. 1071), authorizes a subcontractor to bring against a contractor with the United States for construction of public works, and the sureties on his bond, is, as regards the kind of proce