Legal Opinion

Price v. Wallace

Court of Appeals for the Ninth Circuit

Decided May 14, 1917No. 2849PublishedCited by 3 opinions

Appeal from the District Court of the United States for the District of Oregon; Charles K. Wolverton, Judge. Suit by Elizabeth M. Price against Marie Dewey Wallace. From a decree dismissing the bill (224 Fed. 576), plaintiff appeals.

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Appeal from the District Court of the United States for the District of Oregon; Charles K. Wolverton, Judge. Suit by Elizabeth M. Price against Marie Dewey Wallace. From a decree dismissing the bill (224 Fed. 576), plaintiff appeals. This is a suit to have Marie Dewey Wallace, the appellee, adjudged a trustee for the benefit of the complainant, appellant, Elizabeth N. Price, and her children, with respect to a two-thirds interest in the property of the estate of Peter B. Smith, deceased, and for an accounting and general relief. The substance of the complaint is: That complainant lived with…

1Opinion of the CourtHunt, Circuit Judge

(after stating the facts as above). The District Court in a well-considered opinion has carefully stated’ the issues end with considerable detail quoted from and analyzed the material evidence introduced upon the trial. Price v. Wallace, 224 Fed. 576. There is, therefore, no necessity for us to restate the testimony at any length, and we shall not attempt to do so. The legal questions involved in the merits of the appeal are simple, and to the end that our review may go directly to the.points affecting the merits, we will dispose of the questions of practice submitted by appellee by formally…

2Cases cited4 opinions

  1. Owens v. McNallyCalifornia Supreme Court · 1896
  2. Rogers v. SchlotterbackCalifornia Supreme Court · 1914
  3. Healey v. SimpsonSupreme Court of Missouri · 1892
  4. Price v. WallaceDistrict Court, D. Oregon · 1915

3Cited by3 opinions

  1. Fierke v. Elgin City Banking Co.Illinois Supreme Court · 1937
  2. Crawford v. BriantCourt of Appeals for the Tenth Circuit · 1931
  3. Ewert v. JonesCourt of Appeals for the Eighth Circuit · 1919

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