Niles v. United States Trust Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendants from an order of tbe Supreme Court of tbe District of Columbia overruling a demurrer to a bill in equity for an accounting and for tbe appointment of a receiver, after tbe issuance of a rule to sbow cause on tbe defendants why such relief should not be granted, tbe defendants having failed to make a return to such rule except by such demurrer.
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Hearing on an appeal by tbe defendants from an order of tbe Supreme Court of tbe District of Columbia overruling a demurrer to a bill in equity for an accounting and for tbe appointment of a receiver, after tbe issuance of a rule to sbow cause on tbe defendants why such relief should not be granted, tbe defendants having failed to make a return to such rule except by such demurrer. Tbe Court in tbe opinion stated tbe facts as follows: This is an appeal from an interlocutory order of the supreme court of the District of Columbia, overruling a demurrer to a bill in equity, appointing receivers,…
1Opinion of the CourtJustice Morris
This cause, as now presented to us, is scarcely more than a theoretical or academic cause. The cause has not been stayed in the court below, and we are advised in argument that the appellants have now filed, or are about to file, their answer therein, and the receivers have gone into possession of the property sought to be recovered from the defendants, or some of it. It should, therefore, be a very clear case that would authorize us under these circumstances to interfere with the further progress of the proceedings in the court below. We find no such clear case, but, on the contrary, a very…
2Cases cited19 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Cates v. AllenSupreme Court of the United States · 1893
- Ellis v. DavisSupreme Court of the United States · 1883
- Blondheim v. MooreCourt of Appeals of Maryland · 1857
- Campbell v. MorrisonNew York Court of Chancery · 1838
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