Legal Opinion

Fayerweather v. Ritch

U.S. Circuit Court for the District of Southern New York

Decided August 30, 1898Published

Motion for a temporary injunction, and for the appointment of a receiver, and motion to set aside service of a subpoena on a nonresident defendant.

1Opinion of the Court

LACOMBE, Circuit Judge.

In view of Judge Wheeler’s opinion upon decision of the demurrers (88 Fed. 713), it must be assumed that there has been no adjudication in any court, sufficient to constitute due process of law, as to the validity of the release which complainants impeach as being obtained by fraud. There is sufficient shown in the moving papers to warrant the court in preserving the status quo until final hearing, but it would seem that this may be done sufficiently by injunction. Complainants may take an order enjoining Bitch, Bulkley, and Vaughan from paying over any more of the…

2Cases cited1 opinion

  1. Fayerweather v. RitchU.S. Circuit Court for the District of Southern New York · 1898

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