Heath v. Erie Ry. Co.
U.S. Circuit Court for the District of Southern New York
In equity. This case came up on four separate demurrers to the whole bill, by the-four several defendants, the Erie Railway Company, Jay Gould, James Fisk, Junior, and Frederick A. Lane, who were the only defendants in the suit. The bill was swomto on the 8th of April, 1870, and filed on the same day. It was brought by eight persons [John Benjamin Heath and-others] as plaintiffs, all of whom were aliens and British subjects.
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In equity. This case came up on four separate demurrers to the whole bill, by the-four several defendants, the Erie Railway Company, Jay Gould, James Fisk, Junior, and Frederick A. Lane, who were the only defendants in the suit. The bill was swomto on the 8th of April, 1870, and filed on the same day. It was brought by eight persons [John Benjamin Heath and-others] as plaintiffs, all of whom were aliens and British subjects. Six of the eight plaintiffs were the owners of shares of what was known as the common capital stock of the defendants,'the Erie Railway Company, which was a corporation…
1Opinion of the Court
BLATCHFORD, District Judge.
It is to be noted, that the demurrers are to the whole bill, and the causes of demurrer set forth are set forth as causes of demurrer to the whole bill, and there is no demurrer to any separate part of the bill. The first cause of demurrer set forth is a general want of equity in the bill, and an absence of title therein to any of the relief prayed for. The second cause of demurrer is the want of parties, the absent and necessary parties being specified. The third cause of demurrer is the waiver of an answer on oath.
Under the first cause of demurrer, the defendants…
2Cases cited4 opinions
- Robinson v. SmithNew York Court of Chancery · 1831
- Allen v. CurtisSupreme Court of Connecticut · 1857
- Cunningham v. PellNew York Court of Chancery · 1836
- Hersey v. VeazieSupreme Judicial Court of Maine · 1844
3Cited by31 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Rogers v. Nashville, C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1898
- Morton v. Morton Realty Co.Idaho Supreme Court · 1925
- Hubbard v. Manhattan Trust Co.Court of Appeals for the Second Circuit · 1898
- Ervin v. Oregon Ry. & Nav. Co.U.S. Circuit Court for the District of Southern New York · 1884
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