Monmouth Inv. Co. v. Means
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. This is an appeal from an order of the United States Circuit Court for the District of Colorado granting a temporary injunction.
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Appeal from the Circuit Court of the United States for the District of Colorado. This is an appeal from an order of the United States Circuit Court for the District of Colorado granting a temporary injunction. The bill of complaint was filed on the 29th day of December, 1905, by Harry F. Ross-Lewin, as executor of the estate of George E. Ross-Lewin, against the Monmouth Investment Company, the State Investment Company, Henry A. McIntyre, Frederick A. Williams, and Newell W-. McIntyre; the said Harry F. Ross-Lewin being a citizen of tbe state of Illinois and the defendants citizens of the…
1Opinion of the Court
PHILIPS, District Judge,
after stating the case as above, delivered -the opinion of the court.
The first criticism made upon the bill is that, its main purpose being to protect the estate of George E. Ross-Lewin from spoliation or loss, any right of action therefor was vested in the joint executors, and this complaint cannot, therefore, he maintained in the name of only one executor. If the law were that a court of equity could not obstruct and restrain acts of a coexecutor which he is threatening to execute for his individual benefit without the complainant joining the wrongdoer in the bill,…
2Cases cited31 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Davis v. WakeleeSupreme Court of the United States · 1895
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Coal Co. v. BlatchfordSupreme Court of the United States · 1871
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3Cited by15 opinions
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- INVESTORS'GUARANTY CORPORATION v. LuikartCourt of Appeals for the Eighth Circuit · 1925
- Sanders v. HallCourt of Appeals for the Tenth Circuit · 1934
- Brown v. Denver Omnibus & Cab Co.Court of Appeals for the Eighth Circuit · 1918
- Boston & M. R. R. v. DutilleCourt of Appeals for the First Circuit · 1923
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