Legal Opinion

Horsford v. Gudger

U.S. Circuit Court for the District of Western North Carolina

Decided May 15, 1888PublishedCited by 5 opinions

In Equity. On demurrer to bill.

1Opinion of the CourtDice, J.

The first cause assigned in the demurrer is, the bill shows

upon its face “that the plaintiffs, and those under whom they claim, have been guilty of gross laches, in delaying for so long time to prosecute their claim, and that lapse of time since the cause of action stated in the bill arose has been so great, this court, under the law rules and practice of the same, will refuse its aid.” The principle in equity is well settled by many authorities that “when the bill shows upon its face that the plaintiff, by reason of lapse of time, and of his own laches, is not entitled to relief, the…

2Cases cited9 opinions

  1. Payne v. HookSupreme Court of the United States · 1869
  2. Badger v. BadgerSupreme Court of the United States · 1865
  3. Speidel v. HenriciSupreme Court of the United States · 1887
  4. Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
  5. Harding v. WheatonSupreme Court of the United States · 1826

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Commonwealth Ex Rel. Duff v. KeenanSupreme Court of Pennsylvania · 1943
  2. North Carolina Mining Co. v. WestfeldtU.S. Circuit Court for the District of Western North Carolina · 1907
  3. Jack S. Russell v. Basila Mfg. Co., Inc.Court of Appeals for the Fifth Circuit · 1957
  4. Jack S. Russell v. Basila Mfg. Co., Inc.Court of Appeals for the Fifth Circuit · 1957
  5. Ortiz v. Alcalá del OlmoDistrict Court, D. Puerto Rico · 1906

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