Village of Celina v. Eastport Savings Bank
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the or them District of Ohio. This was a suit by the village of Celina against the Eastport Savings Bank to set aside a judgment. The circuit court dismissed the bill. Complainant appeals.
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Appeal from the Circuit Court of the United States for the Western Division of the or them District of Ohio. This was a suit by the village of Celina against the Eastport Savings Bank to set aside a judgment. The circuit court dismissed the bill. Complainant appeals. On the 2d day of December, 1890, the Eastport Savings Bank recovered a judgment by default against the village of Celina., the present appellant, for the sum of 83,011.56, besides costs, in an action brought on the 7th day of June preceding, in which there was due personal service of process upon the mayor of the village. After…
1Opinion of the CourtSeverens, District Judge
The proceedings in this case appear to have taken on much of the form and character of Code practice and pleading, at one time having the characteristics of a proceeding in a court of law, and at another that of a proceeding in a court of equity. The court appears to have treated the petition as a bill in equity, and in the subsequent proceedings, except in the settlement of a bill of exceptions, seems to have acted in the case upon the theory of its being a bill in equity to set aside a judgment upon the ground of a mistake. As the proceedings finally ended in a decree dismissing •what is…
2Cases cited6 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Phillips v. NegleySupreme Court of the United States · 1886
- Mueller v. EhlersSupreme Court of the United States · 1876
- Crim v. HandleySupreme Court of the United States · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Edgington v. TaylorCourt of Appeals for the Eighth Circuit · 1920
- Schweinfurter v. SchmahlSupreme Court of Minnesota · 1897
- Matheson v. National Surety Co.Court of Appeals for the Ninth Circuit · 1934
- City of Kansas City v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1911
- Christy v. AtchisonDistrict Court, D. Colorado · 1914
1 more not listed; retrieve them via the Exa API.