Shaw v. Lyman
U.S. Circuit Court for the District of Western North Carolina
This was a creditors’ bill by Milton G-. Shaw and others against A. J. Lyman and others to fix the personal liability of certain directors and stockholders in a corporation. Defendants moved the court to dismiss the case, because of the pendency in a state court of a prior suit between the same parties, on the same cause of action.
1Opinion of the Court
SIMONTON, Circuit Judge.
This is a motion to dismiss the case. The ground of (lie motion is that, when it was instituted, there was an action pending between the same parties, on the same cause of action, seeking the same relief, in the state court of Xorth Carolina sitting for Buncombe county. The proceedings is by a creditors’ bill. The relief sought is by fixing the personal liability of directors and stockholders. There is no res in the case. The proceeds of the judgment in case of recovery are to be administered iu equity for the beneiiL of the creditors.
It is well to say iu the beginning…
2Cases cited11 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Orton v. SmithSupreme Court of the United States · 1856
- Gordon v. GilfoilSupreme Court of the United States · 1879
- Gates v. BuckiCourt of Appeals for the Eighth Circuit · 1893
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3Cited by7 opinions
- State v. ParsonsNew Jersey Superior Court Appellate Division · 1964
- SAMUEL D. WASSERMAN, INC. v. KlahreNew Jersey Superior Court Appellate Division · 1952
- State v. MascoNew Jersey Superior Court Appellate Division · 1968
- Esposito v. PalovickNew Jersey Superior Court Appellate Division · 1953
- Knott v. Evening Post Co.U.S. Circuit Court for the District of Western Kentucky · 1903
2 more not listed; retrieve them via the Exa API.