Trecothick v. Austin
U.S. Circuit Court for the District of Massachusetts
Bill in equity [by James Trecothick against Jonathan L. Austin and others], to which the defendant, Jonathan L. Austin, put in distinct demurrers to different parts of the bill. To understand the points made at the bar, it is necessary to state some of the leading facts of the bill.
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Bill in equity [by James Trecothick against Jonathan L. Austin and others], to which the defendant, Jonathan L. Austin, put in distinct demurrers to different parts of the bill. To understand the points made at the bar, it is necessary to state some of the leading facts of the bill. Barlow Trecothick of London, by his will in 1774, after devising certain annuities and legacies and ordering the payment of his debts, gave the residue af all his real estates to Lord Frederick Campbell, Frederick Vane, the Rev. Earl Apthorp, and Lawrence Holken, in trust for any children he. might leave by his…
1Opinion of the Court
STORY, Circuit Justice.
This is a bill in equity, and it has come before the court upon distinct demurrers put into different parts of the bill, upon the most material causes of which it may be necessary for the court to express an opinion. Upon this posture of the case, the facts stated in the bill, so far as they are covered by the demurrers, are to be taken to be true. If the demurrers to the extent of their reach cannot be sustained, they must be overruled. The rule in equity is, that a demurrer cannot be good in part and bad in part; though it may be good as to one party and not as to…
2Cases cited14 opinions
- Decouche v. SavetierNew York Court of Chancery · 1817
- Doolittle v. LewisNew York Court of Chancery · 1823
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Moses v. MurgatroydNew York Court of Chancery · 1814
- Desesbats v. BerquierSupreme Court of Pennsylvania · 1808
9 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Little v. ChadwickMassachusetts Supreme Judicial Court · 1890
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- South-Western Railroad v. PaulkSupreme Court of Georgia · 1858
- Greves v. ShawMassachusetts Supreme Judicial Court · 1899
- Union National Bank v. GoetzIllinois Supreme Court · 1891
29 more not listed; retrieve them via the Exa API.