Legal Opinion

Garrett v. First Nat. Bank & Trust Co.

Court of Appeals for the Fifth Circuit

Decided February 1, 1946No. 11455PublishedCited by 16 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

This action was brought by appellants as beneficiaries of certain trusts established by their father. They seek separate ac-countings by the appellees of the latters’ acts and doings as trustees. After each of the appellees had moved for a summary judgment, they filed separate answers,^interposing pleas to the jurisdiction of the Court and to the merits, including a plea of res judicata, a plea of the statute of limitations, and a plea of failure to state a cause of action. The Court below dismissed the complaint against appellee M. C. Ewing for want of jurisdiction, and…

2Cases cited11 opinions

  1. Payne v. HookSupreme Court of the United States · 1869
  2. Reynolds v. StocktonSupreme Court of the United States · 1891
  3. Commonwealth Trust Co. of Pittsburgh v. BradfordSupreme Court of the United States · 1936
  4. Washington, Alexandria, & Georgetown Steam-Packet Co. v. SicklesSupreme Court of the United States · 1861
  5. Wylie v. BushnellIllinois Supreme Court · 1917

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3Cited by16 opinions

  1. United States v. WashingtonDistrict Court, W.D. Washington · 1978
  2. Klamath & Modoc Tribes v. United StatesUnited States Court of Claims · 1966
  3. United States v. State of WashingtonDistrict Court, W.D. Washington · 1978
  4. Chisholm v. HouseCourt of Appeals for the Tenth Circuit · 1950
  5. Henderson's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1946

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