Minot v. Mastin
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Western District of Missouri. On August 1(5, 1897, Laurence Minot and Charles F. Morse, the appellants, liled a petition or “bill,” as they termed it, in the clerk’s office of the circuit court of the United States for tlie Western district of Missouri, against Julia Mastín.
Read the full summary
Appeal from the Circuit Court of the United States for the Western District of Missouri. On August 1(5, 1897, Laurence Minot and Charles F. Morse, the appellants, liled a petition or “bill,” as they termed it, in the clerk’s office of the circuit court of the United States for tlie Western district of Missouri, against Julia Mastín. Thomas H. Mastín, and Hugh C. Ward, as receiver, the appellees, wherein the appellants alleged, in substance, that on December 31, 1888, John J. Mastín and his wife, Julia Mastín, executed a deed of trust in tlie nature of a mortgage, hy which they conveyed to…
1Opinion of the CourtThayer, Circuit Judge
The order of the circuit court sustaining the demurrer to the complaint from which the present appeal was taken recites, in substance, that the demurrer was sustained because no leave of court was asked and obtained to sue Hugh C. Ward, the receiver, before the complaint was lodged by the plaintiffs in the clerk’s office, and from other recitals contained in the order it appears that no other questions presented by the demurrer wort; decided. The record further shows that the action of the trial judge in holding the demurrer to be well taken was founded largely, if not entirely, upon tbe…
2Cases cited10 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Davis v. GraySupreme Court of the United States · 1873
- In Re TylerSupreme Court of the United States · 1893
- Porter v. SabinSupreme Court of the United States · 1893
- Wiswall v. SampsonSupreme Court of the United States · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State of Washington v. United StatesCourt of Appeals for the Ninth Circuit · 1936
- Swift v. Black Panther Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1917
- Palmer v. Bankers' Trust Co.Court of Appeals for the Eighth Circuit · 1926
- Western Union Telegraph Co. v. United States & Mexican Trust Co.Court of Appeals for the Eighth Circuit · 1915
- Hoffman v. McClellandSupreme Court of the United States · 1924
30 more not listed; retrieve them via the Exa API.