Legal Opinion
Wright v. Barnard
District Court, D. Delaware
Decided December 21, 1915No. 338PublishedCited by 13 opinions
In Equity. Bill by Herman L. Wright against Cynthia E. Barnard, executrix of the last will and testament of Remsen C. Barnard, deceased, and others. On defendants’ motions for dismissal of the bill, and for transfer of the case to the law docket.
1Opinion of the Court
BRADFORD, District Judge.
[1] The defendants have filed two motions; one for the dismissal of the bill, and the other for the transfer of the case to the law side of the court. The motion for the dismissal of the bill is made under rule 29 of the equity rules (198 Fed. xxvi, 115 C. C. A. xxvi), which provides, among other things, as follows:
“Demurrers and pleas are abolished. Every defense in point of law arising upon the face of the bill, whether for misjoinder, nonjoinder, or insufficiency of fact to constitute a valid cause of action in equity, which might heretofore have been made by…
2Cases cited7 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Watson v. SutherlandSupreme Court of the United States · 1867
- Lewis v. CocksSupreme Court of the United States · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gibbs v. BuckSupreme Court of the United States · 1939
- United States v. Standard Oil Company of CaliforniaDistrict Court, S.D. California · 1937
- INVESTORS'GUARANTY CORPORATION v. LuikartCourt of Appeals for the Eighth Circuit · 1925
- Oneida Community, Ltd. v. Fouke Fur Co.District Court, D. Delaware · 1923
- Collins Mfg. Co. v. Wickwire Spencer Steel Co.District Court, D. Massachusetts · 1926
8 more not listed; retrieve them via the Exa API.