Legal Opinion

Schmeiser Mfg. Co. v. Blanchard

U.S. Circuit Court for the District of Northern California

Decided November 10, 1911Published

In Equity. Suit by the Sclimeiser Manufacturing Company against Martin H. Blanchard and others. On motion by defendants for submission on pleadings, and on motion by complainant to dismiss without prejudice.

1Opinion of the Court

VAN FLEET, District Judge.

[1] The complainant has failed to take any testimony in support of its bill, and the time for its taking under the rule has long since expired, while the record discloses no application for its extension. Based upon this ground, the defendants now mcrve for a submission of the cause upon the bill, answer, and replication, and for a decree dismissing the bill with costs; and I am of opinion that they are entitled to such relief. McGorray v. O’Connor (C. C.) 79 Fed. 861; Sharon v. Hill (C. C.) 22 Fed. 28; Slessinger v. Buckingham (C. C.) 17 Fed. 454; Walcott v. Watson…

2Cases cited5 opinions

  1. Slessinger v. BuckinghamUnited States Circuit Court · 1883
  2. Sharon v. HillUnited States Circuit Court · 1884
  3. United States v. ReeseU.S. Circuit Court for the District of Oregon · 1909
  4. Welsbach Light Co. v. MahlerU.S. Circuit Court for the District of Southern New York · 1898
  5. McGorray v. O'ConnorU.S. Circuit Court for the District of Northern California · 1897

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