Legal Opinion
Conway v. White
Court of Appeals for the Second Circuit
Decided July 16, 1923No. 271PublishedCited by 18 opinions
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). On the
day set for the trial of this case in the court below the defendant moved to dismiss the bill. This motion was based on equity rule 29 (198 Fed. xxvi, 115 C. C. A. xxvi), which abolished demurrers and pleas and provided that'every defense in point of law arising upon the face of the bill which might heretofore have been made by demurrer or plea “shall be made by motion to dismiss or in the answer.” The plaintiffs had not set the case down for hearing upon bill and answer, but were ready to go ahead with proofs. The defendants’ counsel, however,…
2Cases cited21 opinions
- Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- Hapgood v. HewittSupreme Court of the United States · 1886
- Shubert v. WoodwardCourt of Appeals for the Eighth Circuit · 1909
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Conway v. WhiteCourt of Appeals for the Second Circuit · 1925
- Cooper v. O'ConnorCourt of Appeals for the D.C. Circuit · 1939
- Jacob Elishewitz & Sons Co. v. Bronston Bros. & Co.Court of Appeals for the Second Circuit · 1930
- Universal Winding Co. v. ClarkeDistrict Court, D. Connecticut · 1952
- Geiger v. First-Troy Nat. Bank & Trust Co. of TroyCourt of Appeals for the Sixth Circuit · 1929
13 more not listed; retrieve them via the Exa API.