Legal Opinion

Lewis v. Darling

Supreme Court of the United States

Decided February 18, 1854PublishedCited by 55 opinions

This was an appeal from the District Court of the United States for the Northérn District of Alabama, exercising Circuit Court equity jurisdiction, under the act of Congress of February 19, 1831, ch. 28, (4 Stat. at Large, p. 444.)- .The following is the statement contained in the brief of the counsel for the appellant, which is adopted by the court, in their opinion. ■ A bill was filed March 16, 1846, by the appellee against the appellant — alleging, that in the year 1822,…

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This was an appeal from the District Court of the United States for the Northérn District of Alabama, exercising Circuit Court equity jurisdiction, under the act of Congress of February 19, 1831, ch. 28, (4 Stat. at Large, p. 444.)- .The following is the statement contained in the brief of the counsel for the appellant, which is adopted by the court, in their opinion. ■ A bill was filed March 16, 1846, by the appellee against the appellant — alleging, that in the year 1822, one Samuel Betts, a citizen of the State of Connecticut, but transacting business at Havana, in the Island of Cuba, as a…

1Opinion of the CourtJustice Wayne

We have verified the statement of the pleadings in-this case attached to the brief .of the counsel for the appellant, by a comparison of it with the record, and shall adopt it for the purpose of giving our judgment upon this appeal.

Upon this statement, the counsel for the appellant urges five grounds for the reversal of the judgment.

1. It is said that ,the bill is materially defective for want of parties, that the wife of the appellant,' through whom alone he claims and whose rights he repre-sents, ought to have been made a party.

■' .2. That there is no allegation in the original or amended…

2Cases cited2 opinions

  1. Nichols v. PostlethwaiteSupreme Court of the United States · 1791
  2. Witman v. NortonSupreme Court of Pennsylvania · 1814

3Cited by55 opinions

  1. Rank v. (Krug) United StatesDistrict Court, S.D. California · 1956
  2. State v. FredlockWest Virginia Supreme Court · 1902
  3. Bevans v. MurrayIllinois Supreme Court · 1911
  4. Thomas v. AndersonCourt of Appeals for the Eighth Circuit · 1915
  5. Church v. HolcombMichigan Supreme Court · 1880

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