Church v. Swetland
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by Alfred W. Church against Horace M. Swetland and others. From a decree dismissing the bill as against certain defendants, complainant appeals. The complainant is a citizen of the state of Connecticut. The defendants Swetland and Ellis are citizens of the state of New York and are residents of the Southern district.
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Appeal from the District Court of the United States for the Southern District of New York. Suit by Alfred W. Church against Horace M. Swetland and others. From a decree dismissing the bill as against certain defendants, complainant appeals. The complainant is a citizen of the state of Connecticut. The defendants Swetland and Ellis are citizens of the state of New York and are residents of the Southern district. The defendant Sheppard is also a citizen of the state of New York and a resident of the Southern district, and on March 12, 1912, was appointed receiver, and on November 22, 1912,…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The complainant heretofore filed a bill against the same defendants in the same court, which bill related to the same transactions of which complaint is made in the present suit. We dismissed the bill, after a consideration of its merits in a lengthy opinion, which concludes as follows :
“The complainant is wrong in supposing that he is entitled to bring one suit in equity and .loin all the defendants upon the theory that his separate claims arise from the same transaction, the failure of the bankrupt corporation. His claims do not arise from one…
2Cases cited28 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Brison v. BrisonCalifornia Supreme Court · 1888
- Gage v. LewisIllinois Supreme Court · 1873
- McLean v. ClappSupreme Court of the United States · 1891
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3Cited by13 opinions
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- Scott v. Empire Land Co.District Court, S.D. Florida · 1925
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