Legal Opinion

Chadbourne v. Coe

Court of Appeals for the Eighth Circuit

Decided July 19, 1892No. 53PublishedCited by 18 opinions

Appeal from the Circuit Court of the United States for the District of Minnesota. Statement by Caldwell, Circuit Judge: Eeuben W. Chadbourne, a citizen of the state of Wisconsin, filed his bill in equity in the circuit court for the district of Minnesota, against Orlen P. Whitcomb, a citizen of the state of Colorado, and James N. Coe, a citizen of the state of Minnesota, alleging that Whitcomb was indebted to the complainant in a sum exceeding $5,000 upon certain promissory…

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Appeal from the Circuit Court of the United States for the District of Minnesota. Statement by Caldwell, Circuit Judge: Eeuben W. Chadbourne, a citizen of the state of Wisconsin, filed his bill in equity in the circuit court for the district of Minnesota, against Orlen P. Whitcomb, a citizen of the state of Colorado, and James N. Coe, a citizen of the state of Minnesota, alleging that Whitcomb was indebted to the complainant in a sum exceeding $5,000 upon certain promissory notes set out in the bill; that Whitcomb was insolvent, and that, to hinder, delay, and defraud his creditors, he had by…

1Opinion of the Court

Caldwell, Circuit Judge,

(after stating the facts as above.) The supreme court of the United States divide parties to suits in- equity into three classes—First, formal parties; second, necessary parties; third, indispensable parties. “ Formal parties ” are those who have no interest in the controversy between the immediate litigants, but have an interest in the subject-matter which may be conveniently settled in the suit, and thereby .prevent further litigation. They may be parties or not, at the option of the complainant. “Necessary parties ” are those who have an interest in the controversy,…

2Cases cited8 opinions

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Case v. BeauregardSupreme Court of the United States · 1880
  3. Williams v. BankheadSupreme Court of the United States · 1874
  4. Kendig v. DeanSupreme Court of the United States · 1878
  5. Ribon v. Railroad CompaniesSupreme Court of the United States · 1873

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

3Cited by18 opinions

  1. Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
  2. Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
  3. Franz v. BuderCourt of Appeals for the Eighth Circuit · 1926
  4. Railroad Commission v. Palmer Hardware Co.Supreme Court of Georgia · 1906
  5. O'Neil v. Wolcott Mining Co.Court of Appeals for the Eighth Circuit · 1909

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

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