Legal Opinion

Gilbert v. Washington Beneficial Endowment Ass'n

Court of Appeals for the D.C. Circuit

Decided March 1, 1897No. 629Published

Hearing on an appeal by one of several defendants from a decree passed on the hearing of four suits in equity, consolidated by the court below, to reach assets of an insolvent corporation.

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Hearing on an appeal by one of several defendants from a decree passed on the hearing of four suits in equity, consolidated by the court below, to reach assets of an insolvent corporation. The Court in its opinion stated the case as follows: Four shits in equity, the general purpose of all of which was to reach certain assets of the Washington Beneficial Endowment Association which had gone into the hands of the Commercial Life Insurance Company, for the purpose of subjecting such assets to the payment of the claims of various parties to the suits, were consolidated, or are assumed to have…

1Opinion of the CourtJustice Morris

1. A motion to dismiss the appeal has been made on behalf of Carrie H. Smith, formerly Carrie H. Golden, an intervenor in cause No. 15,907, on the ground that she has not been made a party to it, and that no citation has been served on her.

This motion is very plainly without merit. According to the record; Carrie H. Smith has no standing in this court for any purpose. Her claim has not been adjudicated. There is no decree for or against her. While the record before us does not so show, it seems to be conceded that upon her petition there was an order of the court making her a party to .the…

2Cases cited26 opinions

  1. Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
  2. Upton v. TribilcockSupreme Court of the United States · 1875
  3. Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
  4. Scovill v. ThayerSupreme Court of the United States · 1882
  5. Sanger v. UptonSupreme Court of the United States · 1875

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