Beardsley v. Beardsley
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. On the llth day of March, 1886, appellee, Paul F. Beardsley, began suit in equity against John I). Beardsley, appellant, and the Arkansas & Louisiana, Railway Company, in the United States circuit court for the Eastern district of Arkansas, the general object of which was to obtain an accounting between the Beardsleys, and to compel the transfer to Paul F. Beardsley of certain shares of…
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. On the llth day of March, 1886, appellee, Paul F. Beardsley, began suit in equity against John I). Beardsley, appellant, and the Arkansas & Louisiana, Railway Company, in the United States circuit court for the Eastern district of Arkansas, the general object of which was to obtain an accounting between the Beardsleys, and to compel the transfer to Paul F. Beardsley of certain shares of stock claimed by him in the said railway company. This litigation resulted in a decree, February 24, 1887, adjudging…
1Opinion of the CourtPhilips, District Judge
Had appellee in his bill disclosed on its face some of the positions taken in argument on this hearing, by his counsel, as to some matters of fact, the bill would have been quite vulnerable to attack for inconsistency and contradiction. While the pleader may allege any number of facts, all tending to show that in legal effect they entitle him to the relief sought, yet the facts pleaded must be consistent with each other. If one fact stated be immediately followed by another statement wholly contradictory of the other, the pleader would, in justice to the adversary, he compelled to elect upon…
2Cases cited9 opinions
- Little v. BowersSupreme Court of the United States · 1890
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Cheney v. BilbyCourt of Appeals for the Eighth Circuit · 1896
- Roosevelt v. Bull's Head BankNew York Supreme Court · 1866
- Park v. WileySupreme Court of Alabama · 1880
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3Cited by4 opinions
- Murphy v. Arkansas & L. Land & Improvement Co.U.S. Circuit Court for the District of Western Arkansas · 1899
- Brown v. TillinghastCourt of Appeals for the Ninth Circuit · 1899
- Burke v. Mountain Timber Co.District Court, W.D. Washington · 1915
- Kroener v. Mutual Life Ins.Court of Appeals for the Seventh Circuit · 1924