Eastern Building & Loan Ass'n v. Welling
U.S. Circuit Court for the District of South Carolina
In Equity. On rule to show cause why a restraining order previously granted should not be continued. This is a bill filed for the foreclosure of a mortgage given by Lawrence S. Welling and Marion Bonnoitt to the Eastern Building & Loan Association of Syracuse, N. Y. The bill, after the usual averments as to persons and citizenship, alleges: That complainant is a building, mutual loan, and accumulating fund association, organized under the laws of the state of New York for…
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In Equity. On rule to show cause why a restraining order previously granted should not be continued. This is a bill filed for the foreclosure of a mortgage given by Lawrence S. Welling and Marion Bonnoitt to the Eastern Building & Loan Association of Syracuse, N. Y. The bill, after the usual averments as to persons and citizenship, alleges: That complainant is a building, mutual loan, and accumulating fund association, organized under the laws of the state of New York for corporations of that character, with certain by-laws, rules, and regulations binding upon the corporation, its…
1Opinion of the CourtSimonton, Circuit Judge
(after stating the facts). In response to the rule to show cause, the defendants have interposed a demurrer, a plea, and an answer, — the demurrer because the controversy is res judicata; the plea in aid of the demurrer, setting out the assignments of error to the judgment of the supreme court of South Carolina, and so showing that the controversy in the state court is the same as is now set up in this court; and the answer putting in issue matters of fact alleged in the bill, specially that the mistake now relied upon was not mutual. The defendants insist that the controversy between them…
2Cases cited7 opinions
- Davis v. BrownSupreme Court of the United States · 1877
- Reynolds v. LincolnCalifornia Supreme Court · 1886
- Bush v. MerrimanMichigan Supreme Court · 1891
- Roach v. PrivettSupreme Court of Alabama · 1890
- Botsford v. WallaceSupreme Court of Connecticut · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Coppedge v. ClintonCourt of Appeals for the Tenth Circuit · 1934
- Walz v. Agricultural Ins.District Court, E.D. Michigan · 1922
- State Ex Rel. Wabash Railway Co. v. Public Service CommissionSupreme Court of Missouri · 1927
- Westinghouse Electric & Mfg. Co. v. Wadsworth Electric Mfg. Co.Court of Appeals for the Sixth Circuit · 1931
- State Ex Rel. Koontz v. WellsMissouri Court of Appeals · 1948