Marshall v. Otto
U.S. Circuit Court for the District of Nevada
At Law. Action by James Marshall and the Bullion & Exchange Bank against A. Otto and M. Healey for claim and delivery of personal property and for damages. Judgment for plaintiffs.
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At Law. Action by James Marshall and the Bullion & Exchange Bank against A. Otto and M. Healey for claim and delivery of personal property and for damages. Judgment for plaintiffs. Statement by HAWLEY, District Judge; On December 29, 1890, M. E. Spooner made, executed, and delivered to the Bullion & Exchange Bank, in Ormsby county, Nev., a chattel mortgage of 200 head of horses, more or less, branded on the left shoulder, including 8 thoroughbred stallions and the increase of the stock; also, 600 head of cattle, more or less, branded SP on the right hip, with all the increase thereof,…
1Opinion of the Court
HAWLEY, District Judge,
(after stating the facts.) 1. As to the pleas. The defendants, by answering to the merits, have waived their right to rely upon their plea in abatement. It is a well-settled rule of practice in the national courts that matters in abatement can, in general, only be set up by plea or demurrer, and that a defendant, by answering, waives any such objection. 1 Fost. Fed. Pr. § 125, and authorities there cited; Story, Eq. Pl. § 708; Livingston v. Story, 11 Pet. 393; Wickliffe v. Owings, 17 How. 51; Pierce v. Feagans, 39 Fed. 588. Rule 9 of this court is conclusive upon this…
2Cases cited13 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Gordon v. GilfoilSupreme Court of the United States · 1879
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Merritt v. CampbellCalifornia Supreme Court · 1874
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3Cited by6 opinions
- Bunker Hill & Sullivan Mining & Concentrating Co. v. Shoshone Min. Co.Court of Appeals for the Ninth Circuit · 1901
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1899
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1904
- Oregon Eilers Music House v. SittonCourt of Appeals for the Ninth Circuit · 1921
- Miller & Lux v. RickeyDistrict Court, D. Nevada · 1903
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