Davis v. Wakelee
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a bill in equity, filed by Angelica Wakelee,- a citizen of the State 'of California, against Davis, a citizen of New York, to enforce an estoppel, and to enjoin the defendant from asserting, in defence of any suit which may be brought upon a certain judgment' recovered by Henry P. Wakelee against Davis, in one of the state-courts of California, that the debts upon which such…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was a bill in equity, filed by Angelica Wakelee,- a citizen of the State 'of California, against Davis, a citizen of New York, to enforce an estoppel, and to enjoin the defendant from asserting, in defence of any suit which may be brought upon a certain judgment' recovered by Henry P. Wakelee against Davis, in one of the state-courts of California, that the debts upon which such judgment was obtained were not merged in such judgment, and from denying the validity of the judgment, as a debt against…
1Opinion of the CourtJustice Brown
Motion was made to dismiss the appeal in this case, upon the ground (1) that the appearance of Mr. Henry A. Root, as counsel for the appellant herein, which was entered at the time the case was docketed, was unauthorized by him, and made without his knowledge; and (2) that the appeal bond is defective in failing to state the term at which the decree of the Circuit Court was rendered.
1. So far as the first ground is concerned, it appears that Mr. Root, then residing in the city of New York, was solicitor for the defendant in the court below; that he had taken no steps to sever his connection…
2Cases cited27 opinions
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