Western v. Skiles
U.S. Circuit Court for the District of Western Missouri
In Equity. On demurrer to bill. Action for relief for alleged fraud practiced, in partition proceedings, against Elgin U. Western and others, the complainants, by the respondent, Henry H., Skiles.
1Opinion of the CourtPhilips, J.
The principal grounds of demurrer are that the bill docs not state facts sufficient to give the complainants a standing in a court of chancery; that it seeks to annul and set aside the judgment of the state court, having jurisdiction over the subject-matter and the parties, and that all the parties to that judgment are not before the court; and that, as for any matters alleged in tlie bill entitling the complainants *675to any relief as against the respondent, they have an adequate and complete remedy at law. The demurrer is a general demurrer, going to the whole bill, and as such it must stand…
2Cases cited7 opinions
- Johnson v. WatersSupreme Court of the United States · 1884
- Davis v. MarshallTexas Supreme Court · 1860
- Adair v. CumminMichigan Supreme Court · 1882
- Boyd v. DotyIndiana Supreme Court · 1856
- Smith v. SweringenSupreme Court of Missouri · 1858
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