City of Omaha v. Venner
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Nebraska; Joseph W. Woodrough, Judge. In Equity. Suit by Clarence H. Venner, doing business as C. H. Venner & Co., against the City of Omaha. Decree for complainant, and defendant appeals.
Read the full summary
Appeal from the District Court of the United States for the District of Nebraska; Joseph W. Woodrough, Judge. In Equity. Suit by Clarence H. Venner, doing business as C. H. Venner & Co., against the City of Omaha. Decree for complainant, and defendant appeals. The appellee brought this action against appellant to obtain a rescission and cancellation of a contract arising out of a bid by him and the acceptance thereof by appellant for certan municipal renewal bonds, and to recover the sum of $5,000 earnest money deposited with the bid. The district court granted the relief prayed for. and…
1Opinion of the CourtCarland, Circuit Judge
(after stating the facts above). It is urged in the brief of counsel for appellant that appellee had a complete and adequate remedy at law to recover the proceeds of the check accompanying his bid, and therefore a court of equity has no jurisdic*111tion of tlic present action. As to this point it is sufficient to say that where the subject-matter of a suit is within the jurisdiction of a court of equity and the objection that the complainant had an adequate remedy at law is not made until a hearing in the appellate court, the reviewing court will not consider the objection. Tyler v. Savage, 143…
2Cases cited13 opinions
- Reynes v. DumontSupreme Court of the United States · 1889
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Hearne v. Marine InsuranceSupreme Court of the United States · 1874
- Smith v. RichardsSupreme Court of the United States · 1839
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rushlight Automatic Sprinkler Co. v. City of PortlandOregon Supreme Court · 1950
- Churchill v. MeadeOregon Supreme Court · 1919
- New York Life Ins. Co. v. MillerCourt of Appeals for the Eighth Circuit · 1934
- States v. GetzelmanCourt of Appeals for the Tenth Circuit · 1937
- Municipal Securities Corp. v. Buhl Highway DistrictIdaho Supreme Court · 1922
2 more not listed; retrieve them via the Exa API.