In re Foley
U.S. Circuit Court for the District of Nevada
Upon petition of Yernon Harrison Hartley, a minor, claimant for one-lialf of the estate, as the duly-recognized illegitimate son and heir of M. D. Foley, deceased. John D. Foley et al., contestants. Motion of John T). Foley et al. for an order of court to set the matter of contest herein for trial without a jury, on the ground that said matter is a proceeding in equity and not an action at law.
1Opinion of the CourtHawley, District Judge
(orally). What are the issues raised by the pleadings herein? What are the questions which are to he heard, tried, and determined? Are the proceedings which have been instituted equitable in their nature, or should they be treated as proceedings at law? Is petitioner, as a matter of right, upon the trial of the issues herein, entitled to a jury trial? The character of the proceedings is set forth in Foley v. Hartley, 72 Fed. 570, to which reference is here made. Briefly stated, the issue to be tried arises upon the petition of Vernon Harrison Hartley, a minor, who, through his guardian,…
2Cases cited26 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Byers v. McAuleySupreme Court of the United States · 1893
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Pollard v. BaileySupreme Court of the United States · 1874
- Buzard v. HoustonSupreme Court of the United States · 1886
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3Cited by12 opinions
- Johnson v. Wells, Fargo & Co.U.S. Circuit Court for the District of Northern California · 1899
- Hill v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- United States v. EisenbeisCourt of Appeals for the Ninth Circuit · 1901
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1899
- In re Jessie's HeirsDistrict Court, E.D. Oklahoma · 1919
7 more not listed; retrieve them via the Exa API.