Legal Opinion

Segee v. Thomas

U.S. Circuit Court for the District of Connecticut

Decided April 15, 1853PublishedCited by 10 opinions

The bill in this case was filed by the plaintiff [Lewis C. Segee],' a citizen of Connecticut, against the defendants [Henry Thomas and Lucy W. Thomas, his wife], citizens of New York.

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The bill in this case was filed by the plaintiff [Lewis C. Segee],' a citizen of Connecticut, against the defendants [Henry Thomas and Lucy W. Thomas, his wife], citizens of New York. It set forth that, on the 11th of October, 1825, Elijah Waterman, late of Bridgeport, Connecticut, died intestate, leaving certain real and personal estate, and leaving a widow, Lucy Waterman, notv deceased, and seven children, of whom the defendant Lucy W. Thomas was one; that administration was granted on the estate of the intestate; that, on the 25th of August, 1826, the widow was appointed guardian of Lucy…

1Opinion of the Court

INGERSOLL, District Judge.

Upon the hearing, several objections were interposed to a decision of the case by the court upon ' its merits. These objections were not taken *1020either by plea or answer, but were raised for the first time on the hearing.

It is said that, in the bill, there is no prayer for process. The object of such a prayer is, that process may issue to bring the defendants before the court; and, if parties appear and make themselves defendants, with the consent of the court and that of the other parties, and answer the bill, they cannot afterwards allege that there has been no…

2Cases cited5 opinions

  1. Watson v. WellsSupreme Court of Connecticut · 1825
  2. Carter v. ChampionSupreme Court of Connecticut · 1831
  3. Watson v. WatsonSupreme Court of Connecticut · 1834
  4. Smith v. ChapmanSupreme Court of Connecticut · 1822
  5. Sumner v. RhodesSupreme Court of Connecticut · 1841

3Cited by10 opinions

  1. Higgins v. California Prune & Apricot Growers, Inc.Court of Appeals for the Second Circuit · 1922
  2. Sheffield & B. Coal, Iron & Railway Co. v. NewmanCourt of Appeals for the Fifth Circuit · 1896
  3. May v. Board of Com'rs of Logan Co.United States Circuit Court · 1887
  4. Reinach v. Atlantic & G. W. R.U.S. Circuit Court for the District of Southern Ohio · 1878
  5. Cortes Co. v. ThannhauserU.S. Circuit Court for the District of Southern New York · 1881

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