Legal Opinion
Berger v. Ohlson
District Court, D. Alaska
Decided October 3, 1938No. A-1053PublishedCited by 2 opinions
1Opinion of the Court
HELLENTHAL, District Judge.
The demurrer which is before the Court for consideration, is as follows:
I. That the Court has no jurisdiction of the person of either defendant herein nor of the subject of the action.
II. That the above named plaintiff has no legal capacity to sue.
III. That there is a defect of parties defendant.
IV. That the complaint does not state facts sufficient to constitute a cause of action.
At the hearing and in the briefs, it is urged that the defendants are sued as officers of the United States and not in their individual capacity, that the United States is the real party…
2Cases cited7 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- United States v. LeeSupreme Court of the United States · 1882
- Belknap v. SchildSupreme Court of the United States · 1896
- Ickes v. FoxSupreme Court of the United States · 1937
- International Postal Supply Co. v. BruceSupreme Court of the United States · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hamerly v. DentonAlaska Supreme Court · 1961
- United States v. BergerDistrict Court, D. Alaska · 1945