American Surety Co. of New York v. Mills
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the District of Idaho; Frank S. Dietrich, Judge. Bill by the American Surety Company of New York, a corporation, against Clara Mills and George F. Steele, Insurance Commissioner of the State of Idaho and others. From interlocutory orders giving only partial relief by injunction, complainant appeals.
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Appeal from the District Court of the United States for the Southern Division of the District of Idaho; Frank S. Dietrich, Judge. Bill by the American Surety Company of New York, a corporation, against Clara Mills and George F. Steele, Insurance Commissioner of the State of Idaho and others. From interlocutory orders giving only partial relief by injunction, complainant appeals. The appellant brought a suit, one purpose of which was to enjoin certain of the appellees, represented by Clara Mills, from collecting under a judgment obtained against the appellant in the state court of Idaho more…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The appellees moved to 'dismiss the suit in the court below for want of jurisdiction in equity, and although they have taken no appeal from the adverse ruling of the. court upon the motion, it is proper for this court to consider first the question of the jurisdiction so suggested. We think equity had cognizance of" the cause of suit, for the reason that the very nature of the suit itself demands relief which equity alone can afford, and there is no adequate remedy at law. The appellant, a surety on a bond in the penal sum of $50,000, could lawfully be…
2Cases cited7 opinions
- American Surety Co. of New York v. Lawrenceville Cement Co.U.S. Circuit Court for the District of Maine · 1899
- Illinois Surety Co. v. United States ex rel. KelloggCourt of Appeals for the Seventh Circuit · 1915
- Thomas Laughlin Co. v. American Surety Co.Court of Appeals for the First Circuit · 1902
- United States v. WellsDistrict Court, E.D. Tennessee · 1913
- Illinois Surety Co. v. MattoneAppellate Division of the Supreme Court of the State of New York · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- MATTER OF LOCKARD v. St. Maries Lumber Co.Idaho Supreme Court · 1954
- Fidelity & Deposit Co. v. Santa Monica Finance Co.California Court of Appeal · 1960