Legal Opinion

Cutting v. Van Fleet

Court of Appeals for the Ninth Circuit

Decided June 10, 1918No. 3140PublishedCited by 8 opinions

In Error to the District Court of the United Slates for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. . Henry C. Cutting was adjudged guilty of contempt by William C. Van Fleet, District Judge, and brings error adversely to such judge and H. M. Wright, standing master in chancery.

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In Error to the District Court of the United Slates for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. . Henry C. Cutting was adjudged guilty of contempt by William C. Van Fleet, District Judge, and brings error adversely to such judge and H. M. Wright, standing master in chancery. In a suit in equity upon a stockholder’s bill against the Monetary Trust Company, a corporation, and Henry C. Cutting, the president thereof, the court below ordered an accounting by Cutting, and referred the matter to the master in chancery for that purpose. The master, after…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). [1] The order of March 11, 1918, is sought to be reviewed here by writ of error. Under the provisions of Act Sept. 6, 1916, c. 448, 39 Stat, 726, the.cause will be deemed to be in this court by appeal, since the contempt charged is a civil contempt, arising in connection with a suit in equity for disobedience of an order made to preserve and enforce the rights of a private party, and administer the remedy to which lie is entitled, and is therefore reviewable only by appeal. Wilson v. Calculagraph Co., 153 Fed. 961, 83 C. C. A. 77; Heller v. National…

2Cases cited18 opinions

  1. Clay v. WatersCourt of Appeals for the Eighth Circuit · 1910
  2. Merchants' Stock & Grain Co. v. Board of Trade of ChicagoCourt of Appeals for the Eighth Circuit · 1912
  3. Wightman v. WightmanIllinois Supreme Court · 1867
  4. United States v. GreenU.S. Circuit Court for the District of Rhode Island · 1824
  5. Carlton v. CarltonSupreme Court of Georgia · 1871

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3Cited by8 opinions

  1. National Labor Relations Board v. Trans Ocean Export Packing, Inc., and Dewayne F. TitusCourt of Appeals for the Ninth Circuit · 1973
  2. Lynch v. LynchCourt of Appeals of Maryland · 1996
  3. Drake v. National Bank of CommerceSupreme Court of Virginia · 1937
  4. McCabe v. MandelbaumCourt of Appeals for the Second Circuit · 1936
  5. Securities & Exchange Commission v. Diversified Growth Corp.District Court, District of Columbia · 1984

3 more not listed; retrieve them via the Exa API.

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