Legal Opinion

Diamond v. Connolly

Court of Appeals for the Ninth Circuit

Decided October 3, 1921No. 3662PublishedCited by 4 opinions

Appeal from the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit in equity by Celia Diamond, William Diamond, Bridget Mc-Grail, and John McGrail against Lawrence F. Connolly, administrator of the estate of John Corbett, deceased, and others. Decree for defendants, and complainants appeal.

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Appeal from the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit in equity by Celia Diamond, William Diamond, Bridget Mc-Grail, and John McGrail against Lawrence F. Connolly, administrator of the estate of John Corbett, deceased, and others. Decree for defendants, and complainants appeal. The appellants Celia Diamond and Bridget McGrail, with their respective husbands, by their original bill in this case sued the appellee Lawrence F. Connolly, as administrator of the estate of John Corbett, deceased, and Lawrence F.…

1Opinion of the CourtRoss, Circuit Judge

(after stating the facts as above). When the case was before this court on writ of error to the judgment of the court below sustaining the demurrer to the bill and dismissing it, that judgment was reversed, and the cause remanded, with instructions to require the defendants to answer. 251 Fed. 234, 163 C. C. A. 390. The question of the sufficiency of the bill is therefore settled.

One other thing we must take to be settled, and that is the fact, found by the court below, that the deceased, Corbett, was the half-brother of Bridget Madden. The record would not, in our opinion, justify us in…

2Cases cited3 opinions

  1. Michoud v. GirodSupreme Court of the United States · 1846
  2. Diamond v. ConnollyCourt of Appeals for the Ninth Circuit · 1918
  3. Wilson v. DayCourt of Appeals for the Ninth Circuit · 1919

3Cited by4 opinions

  1. Hewitt v. HewittCourt of Appeals for the Ninth Circuit · 1927
  2. Haswell v. CostellenosCalifornia Court of Appeal · 1932
  3. Grimes v. GrimesDistrict Court, D. Nevada · 1931
  4. Connolly v. ElderCourt of Appeals for the Ninth Circuit · 1923

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