Schofield v. Ute Coal & Coke Co.
Court of Appeals for the Eighth Circuit
Appeal irom the Circuit Court of tire United States for the District of Colorado. This is an appeal from a decree which sustained demurrers to and dismissed the amended bill of John W. Schofield, as receiver of the Union National Hank of Denver, because the court below held that his bill did not show that the complainant was without an adequate remedy at law.
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Appeal irom the Circuit Court of tire United States for the District of Colorado. This is an appeal from a decree which sustained demurrers to and dismissed the amended bill of John W. Schofield, as receiver of the Union National Hank of Denver, because the court below held that his bill did not show that the complainant was without an adequate remedy at law. These are the material facts alleged in this bill: On and prior to March 31, 1896, the appellee the Ute Coal & Coke Company,. a corporation, was indebted to the receiver of the Union National Bank of Denver on Its promissory notes in…
1Opinion of the CourtSanborn, Circuit Judge
Is the levy of an execution, or its return unsatisfied, indispensable to the maintenance of a suit in equity to remove a fraudulent obstruction to the enforcement of the lien of the judgment? Where the remedy at law is adequate, equity taires no jurisdiction. But there are two classes of cases in which a judgment creditor may successfully invoke the aid of a chancellor because his remedy is insufficient. One class includes the cases in which his remedy at law is utterly ineffectual to reach the property of his debtor, or to fasten any lien or claim upon it, as where a creditors’ bill is…
2Cases cited21 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Case v. BeauregardSupreme Court of the United States · 1880
- Cates v. AllenSupreme Court of the United States · 1893
- Jones v. GreenSupreme Court of the United States · 1864
- Darragh v. H. Wetter Manuf'g Co.Court of Appeals for the Eighth Circuit · 1897
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Williams v. Adler-Goldman Commission Co.Court of Appeals for the Eighth Circuit · 1915
- Morrill v. American Reserve Bond Co. of KentuckyU.S. Circuit Court for the District of Western Missouri · 1907
- Wood v. BrownCourt of Appeals for the Eighth Circuit · 1900
- Chalupa v. PrestonSupreme Court of Colorado · 1918
8 more not listed; retrieve them via the Exa API.