Lewis Pub. Co. v. Wyman
U.S. Circuit Court for the District of Eastern Missouri
In Equity. As, in the opinion filed on the hearing for the temporary injunction in this cause, a full statement of the material allegations in the bill is set out (152 Fed. 787), it is unnecessary to insert it here.
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In Equity. As, in the opinion filed on the hearing for the temporary injunction in this cause, a full statement of the material allegations in the bill is set out (152 Fed. 787), it is unnecessary to insert it here. A temporary injunction was granted at that time against the exclusion of the number of copies found by the Postmaster General to coyer the bona fide circulation of the Journal, and a like number of sample copies, for the reason that the action of the Post Office Department in withdrawing the second-class mail rato privilege was without a hearing, in violation of the provisions of…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). Equity rule 66, in force since the promulgation of the equity rules by the Supreme Court in 1842, dispenses with special replications and only requires a general replication. By reason thereof the interposition of a general replication is taken as denying every allegation in the answer or plea not responsive to the bill, and these allegations must be proved by the party making them. Humes v. Scruggs, 94 U. S. 22, 24 L. Ed. 51.
*758The truth of the plea is fully established, not only by the production of the order of the Third Assistant Postmaster General to the…
2Cases cited61 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
- Scott v. NeelySupreme Court of the United States · 1891
- California v. San Pablo & Tulare RailroadSupreme Court of the United States · 1893
- Root v. Railway Co.Supreme Court of the United States · 1882
56 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Atlantic Monthly Co. v. Post Pub. Co.District Court, D. Massachusetts · 1928
- Fleming v. Dierks Lumber & Coal Co.District Court, W.D. Arkansas · 1941
- Lewis Pub. Co. v. WymanCourt of Appeals for the Eighth Circuit · 1910
- American Falls Milling Co. v. Standard Brokerage & Distributing Co.Court of Appeals for the Eighth Circuit · 1918
- Cubbins v. Mississippi River CommissionDistrict Court, E.D. Arkansas · 1913
4 more not listed; retrieve them via the Exa API.