Perkins v. Tyrer
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendants from an order of tbe Supreme Court of tbe District of Columbia, overruling a demurrer to a bill of review, vacating the decree sought to be reviewed, with leave to the defendants to the original bill to plead, answer, or demur thereto within a prescribed time.
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Hearing on an appeal by tbe defendants from an order of tbe Supreme Court of tbe District of Columbia, overruling a demurrer to a bill of review, vacating the decree sought to be reviewed, with leave to the defendants to the original bill to plead, answer, or demur thereto within a prescribed time. The Court in the opinion stated the case as follows: On October 23, 1893, Bishop W. Perkins, now deceased, and Bichard Quay, as parties of the first part, and Theodore W. Tyrer, Charles A. Maxwell, George S. Chase, and Hernán D. Walbridge, the last named now deceased, as parties of the second part,…
1Opinion of the CourtJustice Morris
The appellants have assigned threefold error: 1st. They say that it was error in the court below to refuse to strike the bill of *453review from the files for the reason that the defendants bad failed to perform tbe decree of November 5, 1895. 2d. Tbey say, in tbe second place, tbat there is no error apparent on tbe face of tbat decree; and tbe error, if any there was, should have been remedied by appeal. 3d. In tbe third place, tbey say tbat, upon tbe overruling of their demurrer to tbe bill of review tbey should have been allowed to plead over.
1. As to tbe first assignment of error, it is…
2Cases cited12 opinions
- Thomson v. WoosterSupreme Court of the United States · 1885
- Buffington v. HarveySupreme Court of the United States · 1877
- Ohio Central R. Co. v. Central Trust Co. of NYSupreme Court of the United States · 1890
- Hurt v. HollingsworthSupreme Court of the United States · 1879
- Ricker v. PowellSupreme Court of the United States · 1879
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3Cited by1 opinion
- Clark v. KeeseeDistrict of Columbia Court of Appeals · 1957