Bigler v. Waller
Supreme Court of the United States
'Motion to dismiss for want of jurisdiction an appeal from the Circuit Court for tlie District of Virginia; the case being thus: James Bigler.filed a bill in the court below against William Waller and Robert Saunders. Pending the suit, Saunders died, and his death being suggested, a scire facias to revive the cause was issued, and returned executed on one Harrell, his administrator.
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'Motion to dismiss for want of jurisdiction an appeal from the Circuit Court for tlie District of Virginia; the case being thus: James Bigler.filed a bill in the court below against William Waller and Robert Saunders. Pending the suit, Saunders died, and his death being suggested, a scire facias to revive the cause was issued, and returned executed on one Harrell, his administrator. The death of the defendant, Waller, was also-afterwards suggested, and one W. G. Waller, administrator on his estate, moved for leave to appear and defend the suit. The court, accordingly, on the 3d of June, 1870,…
1Opinion of the CourtJustice Clifford
The record shows that the appellant, on the fourteenth,of June, 1866, instituted a suit in equity in the Circuit Court against William Waller and Robert Saunders, for the cause-of action set forth in the bill of complaint. Among other things he alleged that he entered into an agreement in writing with William .Waller for the purchase of certain real estate lying in the county of York and State of Virginia; that the said respondent, on the 10th of May, 1853, executed to the complainant a deed of-the said real estate, and that the complainant, on the same day, made the cash payment as…
2Cases cited3 opinions
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- Martin v. BurfordCourt of Appeals for the Ninth Circuit · 1910
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