Legal Opinion

Feidler v. Bartleson

Court of Appeals for the Ninth Circuit

Decided February 3, 1908No. 1,439PublishedCited by 3 opinions

Appeal from Circuit Court of the United States for the Northern Division of the Western District of Washington, The appellee brought a suit in equity in the nature of a creditor’s bill to enforce the payment of a judgment which he had obtained on June 25, 1904,. in the superior court of King county, Wash., against F. J. Feidler for the sum of $2,881.75 and costs, upon which judgment execution had been issued, and returned nulla bona.

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Appeal from Circuit Court of the United States for the Northern Division of the Western District of Washington, The appellee brought a suit in equity in the nature of a creditor’s bill to enforce the payment of a judgment which he had obtained on June 25, 1904,. in the superior court of King county, Wash., against F. J. Feidler for the sum of $2,881.75 and costs, upon which judgment execution had been issued, and returned nulla bona. The suit was brought against F. J. Feidler and Edith M. Feidler, as administratrix of the estate of Ed. L. Feidler, deceased. The bill alleged that F. J. Feidler…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). It is contended that the demurrer to the original bill should have been sustained for want of jurisdiction and for want of equity. It is said that there was want of jurisdiction in the fact that the appellee sought by his bill to enforce in the Circuit Court a domestic judgment of a state court. But that such a judgment may be the basis of a creditor’s bill in the federal court is well sustained by the authorities. First National Bank of Chicago v. Steinway et al. (C. C.) 77 Fed. 661; Alkire Grocery Co. v. Richesin (C. C.) 91 Fed. 79; Bidwell v. Huff (C.…

2Cases cited11 opinions

  1. Payne v. HookSupreme Court of the United States · 1869
  2. Borer v. ChapmanSupreme Court of the United States · 1887
  3. National Tube Works Co. v. BallouSupreme Court of the United States · 1892
  4. Bowden v. BurnhamCourt of Appeals for the Eighth Circuit · 1894
  5. Stewart v. LohrWashington Supreme Court · 1890

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3Cited by3 opinions

  1. Hartley Pen Co. v. Lindy Pen Co.District Court, S.D. California · 1954
  2. Smith v. SperlingDistrict Court, S.D. California · 1953
  3. Corn v. GreenbergAppellate Court of Illinois · 1913

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