Legal Opinion

Cady v. Barnes

District Court, N.D. Ohio

Decided March 1, 1913No. 2,351PublishedCited by 3 opinions

In Equity. Suit by Edward M. Cady, as trustee for the Ohio Savings Bank & Trust Company, against John E. Barnes and another. On demurrer to bill.

1Opinion of the Court

KILLITS, District Judge.

The complainant is mortgagee of property situated in this district, wherein complainant also resides. The mortgagors are residents of another district and are sole defendants. *360The mortgage was given by them to secure the debt of a third party, whose abode is within this district. The amount involved is more than $2,000 and less than $3,000, being an action to foreclose the mortgage for default arising before the taking effect of the act increasing the jurisdictional amount from $2,000 to' $3,000.

A demurrer is interposed on two grounds: (1) That the debtor whose debt is…

2Cases cited3 opinions

  1. Chadbourne v. CoeCourt of Appeals for the Eighth Circuit · 1892
  2. Washington Home for Incurables v. American Security & Trust Co.Supreme Court of the United States · 1912
  3. Taylor v. Midland Valley R.District Court, E.D. Oklahoma · 1912

3Cited by3 opinions

  1. Barnes v. CadyCourt of Appeals for the Sixth Circuit · 1916
  2. Woolworth Co. v. United StatesCourt of Customs and Patent Appeals · 1925
  3. Texas Gum Co. v. Autosales Gum & Chocolate Co.Court of Appeals for the Fifth Circuit · 1915

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