Plumb v. Bateman
District of Columbia Court of Appeals
Hearing on an appeal by the defendants from an order of the Supreme Court of the District of Columbia, holding an equity term, overruling a motion to vacate an order of publication and to quash any constructive notice thereunder.
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Hearing on an appeal by the defendants from an order of the Supreme Court of the District of Columbia, holding an equity term, overruling a motion to vacate an order of publication and to quash any constructive notice thereunder. The Court in its opinion stated the case as follows: This is a suit by bill in equity to reach the real estate of a deceased person and to subject it as assets to the payment of his debts; and also for a discovery as to the extent of those assets, for an injunction, the appointment of a receiver, an accounting and general relief; and the appeal is by the defendants…
1Opinion of the CourtJustice Morris
The refusal of a court to vacate an order of publication cannot in general be regarded as involving the merits of an action so far as to authorize the appeal from the decision for which provision is made by Section 772 of the Revised Statutes of the United States for the District of Columbia. But the order of refusal, under the peculiar circumstances of the present case,, appears to reach to the question of the jurisdiction of the court and its right to proceed with the suit. It cannot, therefore, be regarded in this instance as a merely interlocutory order.
Undoubtedly it is not the law as…
2Cases cited13 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Noonan v. BradleySupreme Court of the United States · 1870
- Miller v. SherrySupreme Court of the United States · 1865
- Postlewait v. HowesSupreme Court of Iowa · 1856
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3Cited by1 opinion
- Branham v. JohnsonCourt of Appeals for the D.C. Circuit · 1936