Peeler v. Lathrop
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Mississippi. Bill in equity by Fannie E. B. Lathrop against Richard Peeler for an accounting of rents collected by defendant, and to set aside a settlement between the parties for false representations of defendant. On the death of defendant the suit was revived in the name of Clementine G. Peeler as administratrix. Decree for plaintiff. Defendant appeals.
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Appeal from the Circuit Court of the United States for the Western Division of the Southern District of Mississippi. Bill in equity by Fannie E. B. Lathrop against Richard Peeler for an accounting of rents collected by defendant, and to set aside a settlement between the parties for false representations of defendant. On the death of defendant the suit was revived in the name of Clementine G. Peeler as administratrix. Decree for plaintiff. Defendant appeals. STATEMENT OF CASE. On December 81,1889, appellee filed in the circuit court the following bill: “Mrs. Fannie E. B. Lathrop, a citizen of…
1Opinion of the CourtPardee, J.
Complainant in the circuit court asked for a decree in her favor for the sum of $4,900 on three accounts; (1) For rents collected in excess of the debts and demands due Richmond Peeler; (2) for the rents Peeler failed to collect through negligence; and (3) for the value of certain lands sold for taxes. Her bill did not allege how much was due or claimed to be due on each account. When she dismissed her bill “in so far as it claimed damages by reason of the said Richmond Peeler having permitted certain lands mentioned in the bill to be *786sold for taxes,.” there was left a bill claiming a decree…
2Cases cited6 opinions
- Barry v. EdmundsSupreme Court of the United States · 1886
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Hilton v. DickinsonSupreme Court of the United States · 1883
- Beals v. Illinois, Missouri & Texas RailroadSupreme Court of the United States · 1890
- Vigel v. HoppSupreme Court of the United States · 1881
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3Cited by22 opinions
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- Lilienthal v. McCormickCourt of Appeals for the Ninth Circuit · 1902
- Denver City Tramway Co. v. NortonCourt of Appeals for the Eighth Circuit · 1905
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