Legal Opinion

Tower v. Stimpson

District Court, D. Massachusetts

Decided December 23, 1909PublishedCited by 8 opinions

In Equity. Suit by Eevi E. Tower against Isabel Bradford Stimpson. On motion to dismiss.

1Opinion of the Court

LOWELL, Circuit Judge.

On December 4-th the complainant gave written notice to the defendant of his intention to move to dismiss, his bill upon payment of costs. He filed his written motion with the clerk on December 6th. On that day the defendant filed a cross-bill, and now opposes the dismissal of the original bill. ■

That the complainant’s motion should be granted in the absence of the cross-bill is admitted. Morton Trust Co. v. Keith (C. C.) 150 Fed. 606. That a cross-bill seeking affirmative relief, and duly filed, ordinarily prevents dismissal of the original bill by the complainant, is…

2Cases cited2 opinions

  1. Morton Trust Co. v. KeithU.S. Circuit Court for the District of Massachusetts · 1907
  2. Houghton v. Whitin Mach. WorksU.S. Circuit Court for the District of Massachusetts · 1908

3Cited by8 opinions

  1. Allington v. Shevlin-Hixon Co.District Court, D. Delaware · 1924
  2. State Ex Rel. Tibbals v. District Court of the Ninth Judicial DistrictWyoming Supreme Court · 1930
  3. Cowham v. McNiderDistrict Court, E.D. Michigan · 1919
  4. Young v. J. Samuels & Bro., Inc.District Court, D. Rhode Island · 1916
  5. Erie R. v. Boston, C. C. & N. Y. Canal Co.District Court, D. Massachusetts · 1921

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