Ryan v. McAdoo
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia sustaining motions to dismiss a bill in equity to establish a lien against a treasury warrant.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia sustaining motions to dismiss a bill in equity to establish a lien against a treasury warrant. The Court in the opinion stated the facts as follows: Appellant, Grace L. Ryan, hereafter referred to as plaintiff, as executrix of the estate of her husband, Martin A. Ryan, filed a bill in equity in the supreme court of the District of Columbia against defendants, William G. McAdoo, Secretary of the Treasury, John Burke, Treasurer of the United States, and Drank Wells, executor of the estate of…
1Opinion of the CourtJustice Van Orsdel
We think it unnecessary to consider all the assignments of error, as the appeal can be disposed of upon the single question of jurisdiction. Wells is not sued individually, but as executor. An attempt is made to shift the suit to one against Wells individually. But the court will determine the natirre of the action from the pleadings, and not from the statement of counsel. Undoubtedly, Wells personally could have employed counsel to have prosecuted this claim, paid for the same, and been reimbursed from the funds of the estate; but according to the aver*122ments of the bill, that was not what was…
2Cases cited8 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Chouteau v. . SuydamNew York Court of Appeals · 1860
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Davidson Bros. Marble Co. v. United States Ex Rel. GibsonSupreme Court of the United States · 1909
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3Cited by5 opinions
- Schlaefer v. SchlaeferCourt of Appeals for the D.C. Circuit · 1940
- Prudential Ins. v. McKeeCourt of Appeals for the Fourth Circuit · 1936
- Herzog v. HubardCourt of Appeals for the D.C. Circuit · 1938
- American-Mexican Claims Bureau, Inc. v. MorgenthauDistrict Court, District of Columbia · 1939
- Greenfield v. MurrayDistrict of Columbia Court of Appeals · 1955