Merchants Union Trust Co. v. New Philadelphia Graphite Co.
Court of Chancery of Delaware
A demurrer to the bill of complaint was sustained, ante p. 18, 83 Atl. 520, and the solicitors for the complainants asked leave to file an amended bill of complaint. The cause was heard by the Chief Justice, owing to the disqualification of the Chancellor to hear and determine it, and the facts sufficiently appear in the opinion.
1Opinion of the Court
The Chief Justice.
The complainánts ask leave to file an amended bill in the above stated case, in which a demurrer to the original bill was by a recent decision of this court sustained. The application is opposed on the ground that the demurrer covered every alleged ground of equity set forth in the bill, and for the further reason that, the opinion of the court having sustained the demurrer which covered the entire merits, the present application should be refused and the bill dismissed.
There can be no question about the rules which should govern courts of equity in proceedings of this…
2Cases cited5 opinions
- Jones v. Van DorenSupreme Court of the United States · 1889
- Puterbaugh v. ElliottIllinois Supreme Court · 1859
- Bannon v. ComegysCourt of Appeals of Maryland · 1888
- McLeod v. DellSupreme Court of Florida · 1861
- March v. MayersIllinois Supreme Court · 1877
3Cited by5 opinions
- Brooks Transportation Co. v. Merchants Mutual Casualty Co.Superior Court of Delaware · 1933
- Board of Public Education v. Aetna Casualty & Surety Co.Superior Court of Delaware · 1930
- Jefferis v. William D. Mullen CompanyCourt of Chancery of Delaware · 1926
- Wilmington Housing Authority ex rel. Simeone v. Fidelity & Deposit Co.Superior Court of Delaware · 1945
- Golden Mane Acquisitions, Inc. v. 100 Wall Street Associates (In Re Golden Mane Acquisitions, Inc.)United States Bankruptcy Court, N.D. Alabama · 1999