Hyer v. Richmond Traction Co.
Supreme Court of the United States
CEETIOEAEI to the ciecuit couet of appeals foe the FOURTH CIECUIT. On October 30, 1895, appellant, as plaintiff, filed his bill against the defendants in the Circuit Court of the United States for the Eastern District of Virginia. After some changes, he, on April 18, 1896, filed an amended and supplemental bill. The sufficiency of this was challenged by demurrer. The demurrer was sustained, and on August 22 a decree was entered dismissing the bill.
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CEETIOEAEI to the ciecuit couet of appeals foe the FOURTH CIECUIT. On October 30, 1895, appellant, as plaintiff, filed his bill against the defendants in the Circuit Court of the United States for the Eastern District of Virginia. After some changes, he, on April 18, 1896, filed an amended and supplemental bill. The sufficiency of this was challenged by demurrer. The demurrer was sustained, and on August 22 a decree was entered dismissing the bill. From that decree the plaintiff appealed to the Court of Appeals, which court, on May 14,1897, ordered that the decree of the Circuit Court be…
1Opinion of the CourtJustice Beewee
Two questions arise in this case : First, whether the contract sued on is, under the facts and circumstances disclosed in the bill, void as against public policy; and, if not, whether the case presented is one which calls for the interposition of a court of equity, or should be determined in a court of law.
In respect to the first question, it will be borne in mind that upon a demurrer, whatever the facts in the case may really be, we must take them to be as stated in the bill. So, in determining the question of the validity of this contract it must be assumed that there was no concealment;…
2Cases cited6 opinions
- Bagley v. . SmithNew York Court of Appeals · 1853
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- Atcheson v. . MallonNew York Court of Appeals · 1870
- Kearney v. TaylorSupreme Court of the United States · 1854
- Wadsworth v. ManningCourt of Appeals of Maryland · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Virginian Railway Co. v. System Federation No. 40Supreme Court of the United States · 1937
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Kuhn v. BuhlSupreme Court of Pennsylvania · 1916
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
26 more not listed; retrieve them via the Exa API.