Chadbourn v. Coe
U.S. Circuit Court for the District of Minnesota
In Equity. Demurrer to bill, for defect of parties. In September, 1889, Reuben W. Chadbourn, now deceased, filed his bill in equity in this court against Orlen P. Whitcomb and James N. Coe. After the death of Reuben W. Chadbourn the action was revived in the name of the complainants herein. The said Reuben W. Chadbourn was at the time of the filing of the bill, and the present complainants now are, residents and citizens of the state of Wisconsin.
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In Equity. Demurrer to bill, for defect of parties. In September, 1889, Reuben W. Chadbourn, now deceased, filed his bill in equity in this court against Orlen P. Whitcomb and James N. Coe. After the death of Reuben W. Chadbourn the action was revived in the name of the complainants herein. The said Reuben W. Chadbourn was at the time of the filing of the bill, and the present complainants now are, residents and citizens of the state of Wisconsin. The defendant Coe is a resident and citizen of the state of Minnesota, and the said Orlen P. Whitcomb is a resident and citizen of the state of…
1Opinion of the Court
Thomas, J.,
(offer stating the facts as above.) This demurrer was argued before Judge Nelson and myself at the January term of this court, and taken under advisement.' After a careful consideration of the facts, and on examination of the authorities cited, together with many others, I have come to the conclusion that this demurrer must be sustained. I am unable to see how this case can be determined according to equitable principles without the presence of the said Whitcomb. It is his debt which is sought to be collected. He has not had his day in court, and he cannot be brought in in this…
2Cases cited14 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Barney v. Baltimore CitySupreme Court of the United States · 1868
- Case v. BeauregardSupreme Court of the United States · 1880
- Mallow v. HindeSupreme Court of the United States · 1827
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