Sumner v. Marcy
U.S. Circuit Court for the District of Maine
This was a bill in chancery [by William H. Sumner against William L. Marey] praying for an injunction to stay proceedings in a certain action at law pending in this court by the respondent against the East Boston Timber Company, and that action had been instituted at this term in the name of Mar-ey, by a service on the defendant, as a member of said company, and is founded on a judgment recovered against that company in the state of New York in May, 1840, for $GS,000.…
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This was a bill in chancery [by William H. Sumner against William L. Marey] praying for an injunction to stay proceedings in a certain action at law pending in this court by the respondent against the East Boston Timber Company, and that action had been instituted at this term in the name of Mar-ey, by a service on the defendant, as a member of said company, and is founded on a judgment recovered against that company in the state of New York in May, 1840, for $GS,000. Certain property of that company, then situated in the state of New York, was attached and sold on the execution that issued…
1Opinion of the Court
WOODBURY, Circuit Justice.
I cannot bring my mind to doubt the propriety of at least a temporary injunction in this case; as to further progress in the action at law in behalf of the respondent, so far as it may be prosecuted to affect the complainant. The first objection to it, on the face of the proceedings, is that the parties are not the same, and hence the complainant has no right to ask it. But this is overcome fully by the admitted fact, that the complainant is not only one of the members of that company, and interested in its corporate property, if any remains, but, by the laws of…
2Cases cited16 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Borden v. FitchNew York Supreme Court · 1818
- Starbuck v. MurrayNew York Supreme Court · 1830
- Shumway v. StillmanNew York Supreme Court · 1831
- Aldrich v. KinneySupreme Court of Connecticut · 1822
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Memphis & Charleston Railroad v. WoodsSupreme Court of Alabama · 1889
- Marbury v. Kentucky Union Land Co.Court of Appeals for the Sixth Circuit · 1894
- Woodruff v. Dubuque & Sioux City RailroadU.S. Circuit Court for the District of Southern New York · 1887
- West-End Narrow-Gauge Railroad v. DameronMissouri Court of Appeals · 1877