Forbes v. Wilson
District Court, N.D. Ohio
In Equity. Bill by George M. Forbes against Odell Wilson and another. On motion to dismiss the bill.
1Opinion of the Court
WESTENHAVER, District Judge.
This case is before the court on defendant’s motion, under equity rule 29 (198 Fed. xxvi, 115 C. C. A. xxvi), to dismiss complainant’s bill for insufficiency in law. The motion is based on two grounds, namely: (1) Complainant, being a stockholder of the corporation defendant, does not show compliance with new equity rule 27 (198 Fed. xxv, 115 C. C. A. xxv). (2) The facts alleged are not sufficient to constitute a valid cause of action in equity.
[1,2] This motion is a substitute for a general demurrer, and, in consideration of it, all of the facts therein pleaded…
2Cases cited3 opinions
- Delaware & Hudson Co. v. Albany & Susquehanna RailroadSupreme Court of the United States · 1909
- Doctor v. HarringtonSupreme Court of the United States · 1905
- Morris & Co. v. WhitleyCourt of Appeals for the Fifth Circuit · 1911
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- Estate of Porter v. CommissionerUnited States Tax Court · 1970
- Estate of Porter v. CommissionerUnited States Tax Court · 1970