Benziger v. Steinhauser
U.S. Circuit Court for the District of Southern New York
Demurrer to Bill of Complaint in Equity. The real ground of the demurrer is that there is a want oí equity in complainants on their own showing. No facts stated which entitle them to the relief demanded or to any relief.
1Opinion of the Court
RAY, District Judge.
With all necessary particularity and detail the complainants set forth the following facts:(1) Complainants, booksellers, etc., are citizens and residents of the state of New York. Defendant, as administrator of one Augustin Wirth, is a citizen and resident of the state of Minnesota, where the intestate died and of which state he was a citizen, and where administration of his estate was granted and is pending, and the amount in controversy is upwards of $2,000. Ancillary letters of administration were granted to defendant in the state of New York.(2) The intestate, Wirth,…
2Cases cited9 opinions
- Lawrence v. DanaU.S. Circuit Court for the District of Massachusetts · 1869
- Goesele v. BimelerSupreme Court of the United States · 1853
- Schwartz v. DussSupreme Court of the United States · 1902
- Burt v. . Oneida CommunityNew York Court of Appeals · 1893
- Little v. GouldU.S. Circuit Court for the District of Northern New York · 1851
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Order of St. Benedict v. SteinhauserU.S. Circuit Court for the District of Minnesota · 1910
- Steinhauser v. Order of St. Benedict of New JerseyCourt of Appeals for the Eighth Circuit · 1912