Legal Opinion

Whittemore v. Patten

U.S. Circuit Court for the District of Southern California

Decided May 10, 1897PublishedCited by 5 opinions

This was a suit by Charles A. Whittemore against William H. Patten and Norman Stafford, copartners under the name and style of Patten & Stafford.

1Opinion of the Court

WELLBORN, District Judge.

The question now under submission is, not whether the answer is insufficient or impertinent in the particulars pointed out by the exceptions, but simply whether or not exceptions for insufficiency or impertinence will lie to an answer where the bill, being one for relief as well as discovery, waives an answer under oath. If this question be determined negatively, of course the exceptions, for that reason, will he disallowed. If, however, the determination of the question is in the affirmative, then the parties are to have further hearing as to the merits of the…

2Cases cited11 opinions

  1. Young v. GrundySupreme Court of the United States · 1810
  2. Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
  3. Colgate v. Compagnie Francaise du Telegraphs de Paris a New YorkU.S. Circuit Court for the District of Southern New York · 1885
  4. Miller v. AveryNew York Court of Chancery · 1848
  5. Stafford v. Brown & BrownNew York Court of Chancery · 1833

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
  2. Johnson v. MundySupreme Court of Virginia · 1918
  3. National Hollow Brake Beam Co. v. Interchangeable Brake Beam Co.U.S. Circuit Court for the District of Eastern Missouri · 1897
  4. Tillinghast v. ChaceU.S. Circuit Court for the District of Rhode Island · 1903
  5. John Church Co. v. ZimmermannU.S. Circuit Court for the District of Eastern Wisconsin · 1904

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