Badger v. Badger
U.S. Circuit Court for the District of Massachusetts
[In equity. Bill by James W. Badger and others against Daniel B. Badger and others to recover certain alleged interests of complainants in certain real property. A demurrer to the plea was overruled. Thereafter, a replication was filed, and the hearing is now upon the sufficiency of the replication. Decree for complainant.
Read the full summary
[In equity. Bill by James W. Badger and others against Daniel B. Badger and others to recover certain alleged interests of complainants in certain real property. A demurrer to the plea was overruled. Thereafter, a replication was filed, and the hearing is now upon the sufficiency of the replication. Decree for complainant. Upon the hearing on the merits the bill was dismissed in Badger v. Badger, Case No. 718. An appeal was then taken to the supreme court, where that decree was affirmed in 2 Wall. (69 U. S.) 87. See note at end of Case No. 718.] This was a bill in equity, wherein the…
1Opinion of the Court
CLIFFORD, Circuit Justice.
All the matters of fact affirmatively set forth in the replication, which are well pleaded and material to the issue of law raised by the demurrer, must be considered as admitted.
Conceding that rule to be correct, it then appears that, before the cause was set down for hearing, and before any of the testimony taken was published, the complainant moved to dismiss his bill, and no objection being made thereto, the motion was granted, and the bill of complaint was accordingly dismissed without any hearing whatever upon the merits. On this state of the case I am of the…
2Cases cited10 opinions
- Cummins v. BennettNew York Court of Chancery · 1840
- Perine v. DunnNew York Court of Chancery · 1819
- Smith v. SherwoodSupreme Court of Connecticut · 1822
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
- Neafie v. NeafieNew York Court of Chancery · 1823
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
- Stevens v. The RailroadsUnited States Circuit Court · 1880
- Nashua & Lowell Railroad v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1895
- Long v. AndersonSupreme Court of Florida · 1904
- Kelly v. Town of MilanUnited States Circuit Court · 1884
8 more not listed; retrieve them via the Exa API.