Thompson v. Emmett Irr. Dist.
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 J. Paul Thompson against the Emmett Irrigation District and W. H. Shane and others, as directors, and R. B. Shaw, as treasurer. From an order dismissing the bill, complainant appeals. Order set aside, with direction to proceed with the case on the equity side of the court.
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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 J. Paul Thompson against the Emmett Irrigation District and W. H. Shane and others, as directors, and R. B. Shaw, as treasurer. From an order dismissing the bill, complainant appeals. Order set aside, with direction to proceed with the case on the equity side of the court. This is an appeal from an order of the District Court dismissing appellant’s bill of complaint in equity. The appellant was plaintiff in the court below. The dismissal was upon the ground…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1-3] For the present purposes the allegations of the bill must be táken as true. They state a case for the removal of a cloud upon the title to personal property. It has been held that such a case is within the jurisdiction of a court of equity. 6 Pomeroy’s Equity Jurisprudence, § 729; Sherman v. Fitch, 98 Mass. 59; Voss v. Murray, 50 Ohio St. 19, 32 N. E. 1112; Rosenbaum v. Foss, 4 S. D. 184, 56 N. W. 114; Stebbins v. Perry County, 167 Ill. 567, 47 N. E. 1048; Earle v. Maxwell, 86 S. C. 1, 67 S. E. 962, 138 Am. St. Rep. 1012; Magnuson v. Clithero, 101…
2Cases cited21 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Clews v. JamiesonSupreme Court of the United States · 1901
- Jellenik v. Huron Copper Mining Co.Supreme Court of the United States · 1900
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
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3Cited by19 opinions
- Newman MacHine Company v. NewmanSupreme Court of North Carolina · 1969
- Chesney v. Valley Live Stock Co.Wyoming Supreme Court · 1926
- Kansas Gas & Electric Co. v. Wichita Natural Gas Co.Court of Appeals for the Eighth Circuit · 1920
- George v. City of Asheville, N. C.Court of Appeals for the Fourth Circuit · 1935
- Chicago Auditorium Ass'n v. WillingCourt of Appeals for the Seventh Circuit · 1927
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