Thompson v. Schenectady Ry. Co.
U.S. Circuit Court for the District of Northern New York
In Equity. This is an application for an order vacating an order of Mr. Justice Wallace granted July 1, 1902, which order granted leave to file the bill of complaint herein, and also striking such bill of complaint from the files of the court.
Read the full summary
In Equity. This is an application for an order vacating an order of Mr. Justice Wallace granted July 1, 1902, which order granted leave to file the bill of complaint herein, and also striking such bill of complaint from the files of the court. On the 1st day of July, 1902, Mr. Justice Wallace made an order granting leave to the complainants herein to file their bill of complaint, and pursuant to such order the complainants filed their bill, and on the 8th day of September following filed their amended bill of complaint
1Opinion of the Court
RAY, District Judge.
The affidavit of Hinsdill Parsons, president of the defendant herein Schenectady Railway Company, states the grounds on which the application to vacate is made as follows:
“The ground of the application is that no notice was served of the application for leave to file the bill as required by law, and that the bill is an improper bill of review, and does not state facts constituting any equity in the plaintiffs, and should not be allowed to be filed as a bill of review in its present form.”
On the argument, and in the brief for the defendants, it is urged that the order…
2Cases cited2 opinions
- Paige v. Schenectady Railway Co.New York Supreme Court · 1902
- Henry v. Travelers' Ins.U.S. Circuit Court for the District of Colorado · 1891
3Cited by1 opinion
- Thompson v. Schenectady Ry. Co.U.S. Circuit Court for the District of Northern New York · 1903