Adler Goldman Commission Co. v. Williams
District Court, W.D. Arkansas
Suit by the Adler Goldman Commission Company and another against F. S. Williams and others. On motion to dismiss the bill. This is a bill to set aside certain conveyances of real estate made by the defendant F S. Williams to his eodefendants, one of whom is his wife and the other his stepson, alleged to have been made for the purpose of defrauding the plaintiffs, his creditors.
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Suit by the Adler Goldman Commission Company and another against F. S. Williams and others. On motion to dismiss the bill. This is a bill to set aside certain conveyances of real estate made by the defendant F S. Williams to his eodefendants, one of whom is his wife and the other his stepson, alleged to have been made for the purpose of defrauding the plaintiffs, his creditors. The material allegations in the bill are that plaintiffs are corporations created by and existing under the laws of the state of Missouri, and that the defendants are citizens of the state of South Carolina; that in…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as.above). [1, 2] The first ground set up in the motion to dismiss must be overruled, as the fact that another action is pending in a court of this state cannot be properly raised by a motion to dismiss. By Equity Rule 29 (198 Fed. xxvi, 115 C. C. A. xxvi) the motion to dismiss takes the place of .a demurrer under the former rules, and the rule governing demurrers applies; that only matters appearing on the face of the bill can be reached by a motion to dismiss. Under the old rules these facts would be raised by a plea in abatement, and to sustain it would require…
2Cases cited56 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Scott v. NeelySupreme Court of the United States · 1891
- In Re MooreSupreme Court of the United States · 1908
- Case v. BeauregardSupreme Court of the United States · 1880
- Cates v. AllenSupreme Court of the United States · 1893
51 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Motlow v. Southern Holding & Securities CorporationCourt of Appeals for the Eighth Circuit · 1938
- Allan v. Moline Plow Co.Court of Appeals for the Eighth Circuit · 1926
- Baird v. MeyerNorth Dakota Supreme Court · 1927
- Buckley v. MaupinSupreme Court of Missouri · 1939
- Farmers & Traders Bank v. KendrickSupreme Court of Missouri · 1937
4 more not listed; retrieve them via the Exa API.