Conolly v. Wells
U.S. Circuit Court for the District of Eastern Wisconsin
In Equity. Bill for an accounting. In this case, the original bill alleged that on the first day of December, 1884, Daniel L. Wells, then being an inhabitant of the city of Milwaukee,-in this state, died testate, leaving a will, whereby Helena M. Wells was appointed executrix, and Ephraim Mariner and George P. Lee Were appointed executors thereof; that about January 12, 1885, upon the petition of the executrix, the will of the decedent .was admitted to probate in the county…
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In Equity. Bill for an accounting. In this case, the original bill alleged that on the first day of December, 1884, Daniel L. Wells, then being an inhabitant of the city of Milwaukee,-in this state, died testate, leaving a will, whereby Helena M. Wells was appointed executrix, and Ephraim Mariner and George P. Lee Were appointed executors thereof; that about January 12, 1885, upon the petition of the executrix, the will of the decedent .was admitted to probate in the county court of Milwaukee county, and that at the time of the death of Wells and the probating of his will, and at the time…
1Opinion of the CourtDyer, J.
The question raised by the demurrer, is, whether Lee, who is without the jurisdiction of this court, is an indispensable party to the bill, so that the court cannot proceed in the suit and render a decree such as is prayed, without his presence as a party and co-defendant in the action.
Section 737 of the Revised Statutes provides that “when there are several defendants in any suit at law or in equity, and one or more of them are neither inhabitants of, nor found within the district in which the suit is brought, and do not voluntarily appear, the court may entertain jurisdiction and proceed to…
2Cases cited24 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Shields v. BarrowSupreme Court of the United States · 1855
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Craig v. LeslieSupreme Court of the United States · 1818
- Wormley v. WormleySupreme Court of the United States · 1823
19 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Caylor v. CooperU.S. Circuit Court for the District of Southern New York · 1908
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