Dillard's Adm'r v. Central Virginia Iron Co.
U.S. Circuit Court for the District of Western Virginia
In Equity. On motion by defendant to dismiss for want of prosecution, and by the successor in office of the deceased plaintiff for revival of the suit.
1Opinion of the Court
McDOWELL, District Judge.
This equity suit was instituted in the state cqurt. In 1896 it was removed to this court. In 1900 á motion to remand was overruled. A demurrer to the bill was thereafter argued before Judge Paul, but, on account of his illness and subsequent death, no decision was ever made on the demurrer. On March 13, 1902, an order was entered suggesting the death of the plaintiff. The record does not show who made this suggestion, but it was in fact made by the defendants. No order has been made and no step taken in the cause since that date. On October 2, 1903, the defendants…
2Cases cited6 opinions
- Clarke v. MathewsonSupreme Court of the United States · 1838
- Kennedy v. Georgia State BankSupreme Court of the United States · 1850
- In Re Connaway as Receiver of the Moscow National BankSupreme Court of the United States · 1900
- Griswold v. HillU.S. Circuit Court for New York · 1825
- Allen v. FairbanksU.S. Circuit Court for the District of Vermont · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Spring v. WebbDistrict Court, D. Vermont · 1915
- Brown v. FletcherU.S. Circuit Court for the District of Eastern Michigan · 1904
- Miller v. WattlerU.S. Circuit Court for the District of Oregon · 1908