Grether v. Wright
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. The action below was by bill in equity, filed by John B. Wright and Charles Baird, the surviving executors of the last will and testament of Thomas W. Cornell, deceased, to restrain John (Jrether, auditor of Summit county, Ohio, and iiobert L. Andrew, treasurer of the same county, from proceeding to collect taxes amounting to $30,105, claimed by the county officers…
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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Ohio. The action below was by bill in equity, filed by John B. Wright and Charles Baird, the surviving executors of the last will and testament of Thomas W. Cornell, deceased, to restrain John (Jrether, auditor of Summit county, Ohio, and iiobert L. Andrew, treasurer of the same county, from proceeding to collect taxes amounting to $30,105, claimed by the county officers to be due from said estate as taxes, which were assessed by the defendant auditor, or his predecessor in office, against…
1Opinion of the Court
TAFT, Circuit Judge,
after stating the facts as above, delivered 'the opinion of the court.
A demurrer to an answer is unknown in the equity practice of the federal courts, as it was unknown to the practice of the high *744court of chancery in England. Crouch v. Kerr, 38 Fed. 549; Banks v. Manchester, 128 U. S. 244, 9 Sup. Ct. 36; Travers v. Ross, 14 N. J. Eq. 254, 258; Winter v. Claitor, 54 Miss. 341; Edwards v. Drake, 15 Fla. 666; 1 Daniell, Ch. Prac. 542. The only way by which the sufficiency of an answer to the bill in equity can be tested is by setting the case down for hearing upon bill and…
2Cases cited47 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
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3Cited by51 opinions
- Pusey & Jones Co. v. HanssenSupreme Court of the United States · 1923
- O'Donoghue v. United StatesSupreme Court of the United States · 1933
- Neild v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- McDaniel v. McElvySupreme Court of Florida · 1926
- Henrietta Mills v. Rutherford CountySupreme Court of the United States · 1930
46 more not listed; retrieve them via the Exa API.