Garner v. Second Nat. Bank of Providence
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Rhode Island. This was a bill in the nature of a quia timet, filed by complainant (then Mary J. Graeffe, now Mary J. Garner) and her husband, Albert J. Graeffe, against the Second National Bank of Providence, 11. I., and Christopher H. Shippee and Samuel W. K. Allen.
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Appeal from the Circuit Court of the United States for the District of Rhode Island. This was a bill in the nature of a quia timet, filed by complainant (then Mary J. Graeffe, now Mary J. Garner) and her husband, Albert J. Graeffe, against the Second National Bank of Providence, 11. I., and Christopher H. Shippee and Samuel W. K. Allen. The bill sought to enjoin defendants from selling and conveying certain real estate, and from attempting, by actions at law or otherwise, to oust the complainant from the peaceable and quiet enjoyment and possession of such property. The defendants Ship-pee…
1Opinion of the Court
PUTNAM, Circuit Judge.
Evidently, the controversy in the circuit court in this case related to two points only, namely, whether the complainant (now the appellant) was entitled to dismiss so much of her bill as related to the rents and profits, and whether it was in the power of the circuit court to enjoin the proceedings in the state court, under the circumstances of the case.
As to the first question, it is the settled practice that by a decree on the merits, like that of January 23, 1894, the party defendant acquires such an interest in the suit that the plaintiff cannot discontinue as of…
2Cases cited2 opinions
- Gregory v. PikeCourt of Appeals for the First Circuit · 1895
- King v. McLean Asylum of the Massachusetts General HospitalCourt of Appeals for the First Circuit · 1894
3Cited by17 opinions
- Iron Mountain R. Co. of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1899
- Berdie v. KurtzCourt of Appeals for the Ninth Circuit · 1935
- Starr v. Chicago, R. I. & P. Ry. Co.U.S. Circuit Court for the District of Nebraska · 1901
- CTC Inv. Co. v. Daniel Boone Coal CorporationDistrict Court, E.D. Kentucky · 1931
- Stewart v. Wisconsin Cent. Ry. Co.U.S. Circuit Court for the Northern District of Illnois · 1902
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