Legal Opinion

Graham v. Lybrand

Court of Appeals for the Seventh Circuit

Decided October 10, 1905No. 1,150PublishedCited by 3 opinions

Appeal from the Circuit Court of the United States for the Western District of Wisconsin. To appellant’s bill a demurrer on several grounds, some of which are considered in the opinion, was sustained; and, upon appellant’s refusal to amend, a final decree dismissing the bill was entered.

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Appeal from the Circuit Court of the United States for the Western District of Wisconsin. To appellant’s bill a demurrer on several grounds, some of which are considered in the opinion, was sustained; and, upon appellant’s refusal to amend, a final decree dismissing the bill was entered. The bill, which was filed July 7, 1904, averred that Jacob W. Lybrand, on April 25, 1901, died at Knox county, Ohio, Where he had been a resident for many years; that he had $85,000 of personalty, which was in his possession during his last sickness and up to the time he became unconscious; that at about the…

1Opinion of the CourtBaker, Circuit Judge

The bill should first be stripped of certain allegations that are utterly irrelevant to the cause of action against the defendant executors. Whether in April, 1901, the grandchildren, who became executors in July, took from their grandfather after he became unconscious the personalty he had in Ohio and sent it to Wisconsin, is as immaterial as if some one else had done the act. And the promise of the executors’ attorney that the executors would pay the judgment in favor of the Ohio treasurer is unavailing. The attorney, without express authority to that end being shown, could not bind his…

2Cases cited4 opinions

  1. Byers v. McAuleySupreme Court of the United States · 1893
  2. Noonan v. BradleySupreme Court of the United States · 1870
  3. Johnson v. PowersSupreme Court of the United States · 1891
  4. Newberry v. RobinsonU.S. Circuit Court for the District of Southern New York · 1888

3Cited by3 opinions

  1. Watkins v. EatonCourt of Appeals for the Second Circuit · 1910
  2. Galleher v. GrantDistrict Court, N.D. Illinois · 1958
  3. Watkins v. EatonU.S. Circuit Court for the District of Northern New York · 1909

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