Legal Opinion
First Nat. Bank v. Steinway
U.S. Circuit Court for the District of Western Pennsylvania
Decided December 28, 1896No. 15PublishedCited by 1 opinion
This was a creditors’ bill by the First National Bank of Chicago against William Steinway & Sons and others. The cause was heard on demurrer to the bill.
1Opinion of the Court
ACHESON, Circuit Judge.
In Tube Works Co. v. Ballou, 146 U. S. 517, 523, 13 Sup. Ct. 165, 166, the supreme court said:
“Where it is sought by equitable process to reach equitable interests of a debtor, the bill, unless otherwise provided by stati te, must set forth a judgment in the jurisdiction where the suit in equity is brought, the issuing of an execution thereon, and its return unsatisfied, or must make allegations showing that it is impossible to obtain such a judgment in any court within such jurisdiction.”
The bill herd conforms to these requirements, for it sets forth a judgment…
2Cases cited8 opinions
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Mississippi Mills v. CohnSupreme Court of the United States · 1893
- National Tube Works Co. v. BallouSupreme Court of the United States · 1892
- Buckeye Engine Co. v. Donau Brewing Co.U.S. Circuit Court for the District of Washington · 1891
- Owens v. GotzianU.S. Circuit Court for the District of Minnesota · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Feidler v. BartlesonCourt of Appeals for the Ninth Circuit · 1908