Dunphy v. Kleinsmith and Duer
Supreme Court of the United States
Appeal from the Supreme Court of .the Territory of Montana. • The case was that of a creditor’s bill filed by Kleinsmith, one appellee, against E. M. Dunphy, the appellant, and one Benajah Morse, surviving partner of Elkanah Morse, on behalf of himself and all other judgment creditors, to obtain satisfaction of a judgment recovered by Kleinsmith on the 12th of March, 1868, for $16,957. The bill alleged that an execution issued on the judgment was returned wholly unsatisfied,…
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Appeal from the Supreme Court of .the Territory of Montana. • The case was that of a creditor’s bill filed by Kleinsmith, one appellee, against E. M. Dunphy, the appellant, and one Benajah Morse, surviving partner of Elkanah Morse, on behalf of himself and all other judgment creditors, to obtain satisfaction of a judgment recovered by Kleinsmith on the 12th of March, 1868, for $16,957. The bill alleged that an execution issued on the judgment was returned wholly unsatisfied, and that no part of the judgment had been paid. It then charged that on-the 31st of October, 1867, Morse and his…
1Opinion of the Court
Mr. Justice' BRADLEY,
having stated the case, delivered the opinion of the court, as follows:
From the provisions of the organic law, which have been referred to in the argument, it is apparent that the Territorial legislature has no power to pass any law in contravention of the Constitution of the United States, or which shall deprive the Supreme and District Courts of the Territory of chancery as well as Gommon-law jurisdiction.
This case was clearly a case of chancery jurisdiction, and one necessarily requiring equitable, as distinguished ‘from legal, relief. The property, according to the…
2Cited by29 opinions
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- Carter v. Prairie Oil & Gas Co.Supreme Court of Oklahoma · 1915
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