Legal Opinion

Fowler v. Jarvis-Conklin Mortg. Co.

U.S. Circuit Court for the District of Southern New York

Decided September 22, 1894PublishedCited by 4 opinions

Petition by Elizabeth Garnett for the removal of Samuel M. Jarvis and Boland E. Conklin as receivers of defendant in a suit by Benjamin M. Fowler, J. G. Zachry, and Elizabeth Garnett against the Jnrvis-Conklin Mortgage Company.

1Opinion of the Court

LACOMBE, Circuit; Judge.

The petitioner gave to the receivers due notice of motion to remove them from office, and served'therewith voluminous affidavits. Upon the hearing of such motion, counsel for the receivers submitted affidavits in answer to the charges made by petitioner. Inasmuch as counsel for petitioner had no opportunity to inspect these answering affidavits until the day of the hearing, he asked for and obtained from the court permission to tile additional affidavits in reply to any new matter contained in those submitted on behalf of the receivers. To this counsel for receivers…

2Cited by4 opinions

  1. Pennsylvania Steel Co. v. New York City Ry. Co.U.S. Circuit Court for the District of Southern New York · 1907
  2. Lincoln Printing Co. v. Middle West Utilities Co.District Court, N.D. Illinois · 1934
  3. Bensinger v. HillesCourt of Appeals for the Second Circuit · 1934
  4. Coy v. Title Guarantee & Trust Co.U.S. Circuit Court for the District of Oregon · 1907

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