Waite v. O'Neil
Court of Appeals for the Sixth Circuit
Cross Appeal from the Circuit Court of the United States for the Western Division of the Western District of Tennessee. Th is is a bill in equity to enforce the specific performance of certain covenants in a lease, and for the collection of rents in arrear.
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Cross Appeal from the Circuit Court of the United States for the Western Division of the Western District of Tennessee. Th is is a bill in equity to enforce the specific performance of certain covenants in a lease, and for the collection of rents in arrear. The suit was begun in 1886 by a bill filed by the complainant, as lessor, in the chancery court of the state, at Memphis, Tenn., and was subsequently removed to the circuit court of the United States by the complainant upon the ground that the defendants were all citizens of a state other than Tennessee. After removal the cause was…
1Opinion of the CourtLurton, Circuit Judge
Nine years after this cause had stood a.t issue as an equity cause, and when being Anally heard, the defendants objected to the jurisdiction of a court of equity upon the ground that the remedy a,t law was plain and adequate, and moved to have the pleadings recast and the cause transferred to the law docket. This motion was denied upon the ground that the case belonged to a class of cases where a court of equity might exercise jurisdiction; one object of the bill being to obtain the specific performance of an alleged covenant obligating the lessees to construct and keep in good repair a…
2Cases cited13 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- Potomac Steamboat Co. v. Upper Potomac Steamboat Co.Supreme Court of the United States · 1884
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3Cited by22 opinions
- Guarantee Co. of North America v. Mechanics' Sav. Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- West Pub. Co. v. Edward Thompson Co.Court of Appeals for the Second Circuit · 1910
- Fechteler v. Palm Bros. & Co.Court of Appeals for the Sixth Circuit · 1904
- General Finance Corporation v. Keystone Credit Corp.Court of Appeals for the Fourth Circuit · 1931
- Kinsman v. Utah Gas & Coke Co.Utah Supreme Court · 1918
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