Sachs v. Kinyoun
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decree of the Supreme Court of tbe District of Columbia dismissing a bill for an injunction against tbe prosecution of a replevin suit. Tbe facts are stated in the opinion. A. A pledgee has the right to tile suit in equity to foreclose his lien against the articles pledged, where default exists in carrying out the terms of the pledge.
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Hearing on an appeal from a decree of the Supreme Court of tbe District of Columbia dismissing a bill for an injunction against tbe prosecution of a replevin suit. Tbe facts are stated in the opinion. A. A pledgee has the right to tile suit in equity to foreclose his lien against the articles pledged, where default exists in carrying out the terms of the pledge. The following eases hold that a pledgee of chattels, upon nonpayment of the debt secured, has the right to file a bill in equity to foreclose his lien: Sharpe v. National Bank, 87 Ala. 644; Donohoe v. Gamble, 38 Cal. 340; Wright v.…
1Opinion of the Court
Mr. .Justice Noun
delivered the opinion of the Court:
Appeal from a decree in the supreme court of the District dismissing appellants’ hill for an injunction against the prosecution of a replevin suit, and for the appointment of receivers to take possession of and sell the chattels in controversy.
The facts are fully stated in the opinion of the learned trial justice, which reads in.part as follows:
“This case is before the court on a motion to dismiss the bill, on the ground that the plaintiffs have a plain, adequate, and complete remedy at law, that the bill does not state any facts by virtue…
2Cases cited8 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Gregory v. MorrisSupreme Court of the United States · 1878
- Crass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1892
- Howard v. J. P. Paulson Co.Utah Supreme Court · 1912
- Albright v. BrownNebraska Supreme Court · 1888
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