Springfield Grocery Co. v. Thomas
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. William M. Springer, Judge. Action by the Springfield Grocery Company against R. W. Thomas, John L. Thomas, Joe E. Thomas and Sallie E. Walker, to set aside a trust deed executed by defendant R. W. Thomas, as in fraud of his creditors. Judgment sustaining a demurrer to the complaint. Plaintiff appeals.
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Appeal from the United States Court for the Northern District. William M. Springer, Judge. Action by the Springfield Grocery Company against R. W. Thomas, John L. Thomas, Joe E. Thomas and Sallie E. Walker, to set aside a trust deed executed by defendant R. W. Thomas, as in fraud of his creditors. Judgment sustaining a demurrer to the complaint. Plaintiff appeals. On the 6th day of February, 1899, the plaintiffs filed their amended complaint in equity on behalf of themselves and all other unpreferred creditors of defendant R. W. Thomas who are parties to the deed of trust, and who shall join…
1Opinion of the CourtTownsend, J.
The appellant has filed one assignent of error, which is as follows; “The court erred in susining the demurrer to plaintiffs ’ amended complaint, for .e reason that it clearly stated a good cause of action in ivor of plaintiffs.” No motion for new trial and no bill of :ceptions were filed, for the reason that the error is appant upon the face of the record. It was therefore unneces,ry. Norman vs Fife, 61 Ark. 33, 31 S. W. 740; Little vs Railway Co. 2 Ind. T. 551 (53 S. W. 333;) Severs vs Trust Co. Ind. T. (35 S. W. 233.) No objection is urged by appellee appellant’s contention that facts well…
2Cases cited9 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Case v. BeauregardSupreme Court of the United States · 1880
- Shields v. ThomasSupreme Court of the United States · 1856
- Cohen v. Meyers, Cohen & Co.Supreme Court of Georgia · 1871
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