Spring v. Webb
District Court, D. Vermont
In Equity. Suit by Andrew C. Spring, a stockholder of the Rutland Railroad Company, against William Seward Webb and others. On motion to dismiss the bill.
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In Equity. Suit by Andrew C. Spring, a stockholder of the Rutland Railroad Company, against William Seward Webb and others. On motion to dismiss the bill. The action was brought by a shareholder of the Rutland Railroad Company, on behalf of himself and all others similarly situated, etc., and is of the kind referred to in equity rule 27 (198 Fed. xxv, 115 C. C. A. xxv). Spring was the sole plaintiff, and he died on December 14, 1914. At an earlier stage of the case opportunity had been offered to other persons to come into the action and become coplaintiffs, but upon terms which have never…
1Opinion of the Court
HOUGH, District Judge.
Considering the number of stockholders’ suits brought in this country, it is singular that so little authority is to be found on the question here presented. The industry of able counsel lias not relieved the court of seeking what appear to be first principles.
[1] It is, I think, plain that this motion is properly brought, both in substance and as to time, under equity rule 45 (198 Fed. xxx, 115 C. C. A. xxx). The applicable words of that rule are:
“In the event of. the death of either party the court may * * * upon motion order the suit to be revived by the substitution…
2Cases cited14 opinions
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Porter v. SabinSupreme Court of the United States · 1893
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- Clarke v. MathewsonSupreme Court of the United States · 1838
- De Neufville v. New York & N. Ry. Co.Court of Appeals for the Second Circuit · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Grant v. McAuliffeCalifornia Supreme Court · 1953
- Horner v. FerronCourt of Appeals for the Ninth Circuit · 1966
- Saylor v. BastedoCourt of Appeals for the Second Circuit · 1980
- Saylor v. BastedoCourt of Appeals for the Second Circuit · 1980
- Samson v. NeumannNebraska Supreme Court · 1942
6 more not listed; retrieve them via the Exa API.