Brown v. Fletcher
U.S. Circuit Court for the District of Eastern Michigan
In Equity. On motion to dismiss bill. The defendants move the dismissal of the bill of complaint in this cause for the following reasons: First, (a) Because the suit has been abandoned; (b) because of want of prosecution. Second. Because the cause of action stated in the bill of complaint has been transferred and assigned to Albert W. Brown, who is now sole owner of the claim.
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In Equity. On motion to dismiss bill. The defendants move the dismissal of the bill of complaint in this cause for the following reasons: First, (a) Because the suit has been abandoned; (b) because of want of prosecution. Second. Because the cause of action stated in the bill of complaint has been transferred and assigned to Albert W. Brown, who is now sole owner of the claim. The facts upon which this motion is predicated are succinctly stated in the brief of counsel for defendants, and, as their truth was ndt questioned upon the argument of the motion, they are adopted as the basis of the…
1Opinion of the CourtSwan, District Judge
(after stating the facts). In opposition to this motion, it is contended by the counsel for the late complainant: (1) That the motion is irregular, and that the court could not make a regular order thereon. (2) That the motion should be denied, because it asks a peremptory order of dismissal, instead of an order nisi to revive within a limited or specified time, or that the bill be dismissed. (3) That the remedy provided in section 955 of the Revised Statutes [U. S. Comp. St. 1901, p. 697] is exclusive. (4) That the time has not expired within which it is the absolute right of a personal…
2Cases cited26 opinions
- Thomson v. WoosterSupreme Court of the United States · 1885
- Story v. LivingstonSupreme Court of the United States · 1839
- Clarke v. MathewsonSupreme Court of the United States · 1838
- Kennedy v. Georgia State BankSupreme Court of the United States · 1850
- In Re Connaway as Receiver of the Moscow National BankSupreme Court of the United States · 1900
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3Cited by7 opinions
- Brown v. FletcherCourt of Appeals for the Sixth Circuit · 1910
- Spring v. WebbDistrict Court, D. Vermont · 1915
- Pittsburgh, S. & N. R. v. FiskeCourt of Appeals for the Third Circuit · 1910
- Grant v. FletcherDistrict Court, E.D. Michigan · 1922
- Plimpton v. Mattakeunk Cabin Colony, Inc.District Court, D. Connecticut · 1934
2 more not listed; retrieve them via the Exa API.