Legal Opinion

Willis v. Davis

Court of Appeals for the Sixth Circuit

Decided February 7, 1911No. 2,072PublishedCited by 10 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Kentucky. Suit in equity by Charles Henry Davis, trustee of Naomi Lawton Davis', against Elizabeth Willis and others. Defendants Frederick A. Hull, Mary A. Hull, W. L. Millar, and Edward Willis appeal from an order denying a motion to vacate an order of dismissal as to them. On motion to dismiss appeal.

1Per curiam

On September 27, 1909, an order was made -upon the ex parte application of the complainant, dismissing the cause without prejudice as to the defendants Frederick A. Hull, Mary A. Hull, W. L. Millar, and Edward Willis. On October 6th following the defendants named moved the court to set aside the last-named order of dismissal on the grounds that they had no notice of the order and that they had asked for affirmative relief in their answer. On March 12, 1910, a motion to set aside the order of dismissal was denied. No appeal ivas taken from the order of dismissal. The appeal before us is from…

2Cases cited8 opinions

  1. Brockett v. BrockettSupreme Court of the United States · 1844
  2. McMicken v. PerinSupreme Court of the United States · 1856
  3. Roemer v. BernheimSupreme Court of the United States · 1889
  4. Connor v. Peugh's LesseeSupreme Court of the United States · 1856
  5. Wylie v. CoxeSupreme Court of the United States · 1853

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3Cited by10 opinions

  1. Antonio Paliaga v. Luckenbach Steamship Company, and Third-Party v. Turner & Blanchard, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1962
  2. Mohonk Realty Corporation v. Wise Shoe StoresCourt of Appeals for the Second Circuit · 1940
  3. Munoz v. Porto Rico Ry. Light & Power Co.Court of Appeals for the First Circuit · 1936
  4. Smith v. United States ex rel. GorloCourt of Appeals for the Seventh Circuit · 1931
  5. Republic Supply Co. v. Richfield Oil Co.Court of Appeals for the Ninth Circuit · 1935

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