Legal Opinion

Pomeroy v. Manin

U.S. Circuit Court for the District of Connecticut

Decided July 1, 1842Published

[This was a bill in equity by Benjamin Pomeroy, administrator of Charles E. Phelps, against D. l'\ Manin, B. F. Phelps, & Foote, to set aside and declare null and void a certain instrument executed by Charles E. Phelps in his lifetime to the defendant D. F. Manin.]

1Opinion of the Court

THOMPSON, Circuit Justice.

The original bill or petition in this case was filed in the superior court for the county of New London, in the state of Connecticut, and was removed into this court under the provisions of an act of congress, on the ground that the defendants were citizens of the state of New York. This circumstance has been urged at the bar on the part of the complainants, as placing the cause, with respect to the effect and operation of the answers as matters of evidence, upon a different footing than if it had been originally commenced in this court. I can perceive no good reason…

2Cases cited24 opinions

  1. Wakeman v. GroverNew York Court of Chancery · 1832
  2. Hart v. EyckNew York Court of Chancery · 1816
  3. Phillips v. ThompsonNew York Court of Chancery · 1814
  4. Murray v. BlatchfordCourt for the Trial of Impeachments and Correction of Errors · 1828
  5. Wilkins v. Woodfin AdministratorSupreme Court of Virginia · 1816

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