Legal Opinion

Kelley v. Boettcher

Court of Appeals for the Eighth Circuit

Decided February 14, 1898No. 870PublishedCited by 145 opinions

Appeal from the Circuit Court of the United States for the District of Colorado. This is an appeal from a decree which dismissed a bill to rescind a sale of one-sixth of a mining claim, and to obtain an accounting and. recovery of the proceeds thereof. The appellants exhibited their original hiil in the court below on June 19, 1895. On September 2, 1895, two of the appellees interposed a demurrer to this hill, and on June 30, 1896, the demurrer was sustained.

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Appeal from the Circuit Court of the United States for the District of Colorado. This is an appeal from a decree which dismissed a bill to rescind a sale of one-sixth of a mining claim, and to obtain an accounting and. recovery of the proceeds thereof. The appellants exhibited their original hiil in the court below on June 19, 1895. On September 2, 1895, two of the appellees interposed a demurrer to this hill, and on June 30, 1896, the demurrer was sustained. The appellants amended their bill, and the appellees demurred to the amended bill. On July 7, 1890, the circuit court sustained this…

1Opinion of the CourtSanborn, Circuit Judge

The authority to control the volume and character of the pleadings and proceedings before it, and to strike from its flies those that are obnoxious to its rules and practice, is necessary to the speedy and efficient administration of justice, and is one of the inherent powers of a court of chancery, which has been exercised without question since ¡the establishment of such courts. Daniell, Ch. Prac. *350. Prolixity, tautology, scandal, and impertinence have been among the common faults of bills in equity time out of mind. Lord Keeper Bacon made an order that no bills should contain more than 15…

2Cases cited25 opinions

  1. Wood v. CarpenterSupreme Court of the United States · 1879
  2. Michoud v. GirodSupreme Court of the United States · 1846
  3. Badger v. BadgerSupreme Court of the United States · 1865
  4. Godden v. KimmellSupreme Court of the United States · 1879
  5. Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897

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3Cited by145 opinions

  1. A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
  2. Russell v. ToddSupreme Court of the United States · 1940
  3. Benjamin Dranow v. United StatesCourt of Appeals for the Eighth Circuit · 1962
  4. Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
  5. York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944

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

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