Legal Opinion

Campbell v. City of New York

U.S. Circuit Court for the District of Southern New York

Decided May 22, 1888PublishedCited by 5 opinions

In Equity. On demurrer to supplemental bill. For hearing on pleas to supplemental bill, see 33 Fed. Rep. 795.

1Opinion of the CourtWallace, J.

The theory upon which this supplemental bill proceeds

is that Campbell, the complainant in the original bill, since bringing the suit, has parted with his whole interest in the subject-matter, and that those for whom Campbell was trustee have transferred their whole interest in the subject-matter to Philbrook, or to Philbrook and Knibbs, and that'the title to any sum of money which may be recovered in the suit has by these transfers become vested in Philbrook, or in Philbrook and Knibbs. Upon such a state of facts the remedy of Philbrook is by an original bill in the nature of a supplemental…

2Cited by5 opinions

  1. Pittsburgh, S. & N. R. v. FiskeCourt of Appeals for the Third Circuit · 1910
  2. Brown v. FletcherU.S. Circuit Court for the District of Eastern Michigan · 1904
  3. Hazleton Tripod-Boiler Co. v. Citizens' St. Ry. Co.U.S. Circuit Court for the District of Western Tennessee · 1896
  4. Curtis Davis & Co. v. SmithU.S. Circuit Court for the District of Connecticut · 1901
  5. Miller v. WattlerU.S. Circuit Court for the District of Oregon · 1908

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