Legal Opinion

Holschumaker v. Etchells

Court of Chancery of Delaware

Decided December 10, 1909PublishedCited by 3 opinions

Motion to Dismiss Bill for Want of Equity. The bill in this cause was filed by Albert J. H. Holschumaker and others, heirs at law and devisees under the will of William Holschumaker, to restrain the collection of a judgment obtained by the New Castle Water Works Company against Henry Holschumaker, Administrator d. b. n. c. t. a. of William Holschumaker, deceased, in an amicable action in the Superior Court for New Castle County.

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Motion to Dismiss Bill for Want of Equity. The bill in this cause was filed by Albert J. H. Holschumaker and others, heirs at law and devisees under the will of William Holschumaker, to restrain the collection of a judgment obtained by the New Castle Water Works Company against Henry Holschumaker, Administrator d. b. n. c. t. a. of William Holschumaker, deceased, in an amicable action in the Superior Court for New Castle County. The original bill was filed September 5th, 1906, and upon hearing of a rule on September 10th,4906, a preliminary injunction was issued. On October 19th, 1906, an…

1Opinion of the Court

The Chancellor:

The motion to dismiss the bill will first be considered. A motion to dismiss-for want of equity is in the nature of a demurrer to the bill, all the allegations of it being assumed to be true for the purpose of the motion. It is an undesirable practice to substitute for a demurrer to a bill a motion to dismiss it for want of equity, and, generally speaking, it will not be allowed. An orderly course of pleading to a defective bill is to demur to'it, for in this way the defects of the bill are brought forward at the earliest step in the litigation, as they should be, and under the…

2Cases cited1 opinion

  1. Kersey v. RashCourt of Chancery of Delaware · 1869

3Cited by3 opinions

  1. Noble v. European Mortgage & Investment Corp.Court of Chancery of Delaware · 1933
  2. Mercantile Trading Co. v. Rosenbaum Grain Corp.Court of Chancery of Delaware · 1931
  3. Mercantile Trading v. Rosenbaum Grain Corp.Court of Chancery of Delaware · 1931

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