Legal Opinion · Dissent

Kelley v. United States

Court of Appeals for the Ninth Circuit

Decided January 14, 1929No. 5536Published

1DissentGilbert, Circuit Judge

The ease is one in which it was competent for the court below to grant the relief which was sought, and the court had jurisdiction of the subject-matter of the controversy. The bill of complaint, while framed for equitable relief, contained all the necessary averments of a complaint in an action at law to recover judgment for money had and received, and judgment was rendered for the recovery of an amount of money shown by the stipulation of the parties to be due and owing to the United States from the appellant. For the reason that the appellee had an adequate remedy at law, it is proposed to…

2Cases cited8 opinions

  1. Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
  2. Kilbourn v. SunderlandSupreme Court of the United States · 1889
  3. Brown v. Lake Superior Iron Co.Supreme Court of the United States · 1890
  4. McCloskey v. Pacific Coast Co.Court of Appeals for the Ninth Circuit · 1908
  5. Barrett Co. v. Panther Rubber Mfg. Co.Court of Appeals for the First Circuit · 1928

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