Legal Opinion

Fraenkl v. Cerecedo Hermanos

Supreme Court of the United States

Decided February 21, 1910No. 411PublishedCited by 6 opinions

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO. . This is an appeal from a decree of the District .Court of the United States for Porto Rico, upon a bill of review, vacating and annulling a decree entered by that court in an equity cause, and dismissing the bill of complaint in said causo without prejudice.

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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO. . This is an appeal from a decree of the District .Court of the United States for Porto Rico, upon a bill of review, vacating and annulling a decree entered by that court in an equity cause, and dismissing the bill of complaint in said causo without prejudice. The bill in the equity cause referred to was filed in Decém-ber, 1900. The present appellants were complainants. . Some of them were alleged in the bill to be copartners doing business in Dundee, Scotland, as Jaffe Brothers & Company, and to, be-subjects of the Queen of…

1Opinion of the CourtJustice White

The assignments of error which require consideration assail the power of the court below to permit, the filing of the bill of review, and also question the validity of its -action in vacating the decree entered in the main cause and dismissing the, bill filed therein.

Respecting the first, the proposition is that the limit of-■time within which- a bill of review might be filed had ex-, pire.d when leave was given, and that the court should have required payment of the money judgment, decreed in the. main cause before granting permission to file the.bill of review. These contentions are…

2Cases cited2 opinions

  1. Pacific Railroad v. KetchumSupreme Court of the United States · 1880
  2. Ensminger v. PowersSupreme Court of the United States · 1883

3Cited by6 opinions

  1. Swift & Co. v. United StatesSupreme Court of the United States · 1928
  2. Continental Oil Co. v. Osage Oil & Refining Co.Court of Appeals for the Tenth Circuit · 1932
  3. Zewadski v. BarksdaleSupreme Court of Florida · 1923
  4. Colburn v. WhitneyHawaii Supreme Court · 1915
  5. Richard v. National City BankDistrict Court, S.D. New York · 1934

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