Leary v. United States
Court of Appeals for the Fourth Circuit
Appeals from the District Court of the United States for the Western District of Virginia, at Lynchburg; Henry Clay McDowell, Judge. Suits in equity by the United States against Luther Laflin Kellogg and Daniel J. Leary and George Leary, administrators of the estate of James D. Leary, deceased. Decree for complainant, from which defendants separately appeal.
1Opinion of the Court
KNAPP, Circuit Judge.
For a preliminary statement of facts reference is made to the opinion of this court on the former appeal (184 Fed. 433, 107 C. C. A. 27), and the opinion of the Supreme Court, to which the case was afterwards taken (224 U. S. 567, 32 Sup. Ct. 599, 56 L. Ed. 889, Ann. Cas. 1913D, 1029).
The Supreme Court held that the petition filed by Mrs. Leary “showed a sufficient right to intervene,” and that she ought to be allowed to try to prove her case, notwithstanding the objections which the courts below had sustained. Following this decision an amended petition was filed in May,…
2Cases cited2 opinions
- Leary v. United StatesCourt of Appeals for the Fourth Circuit · 1910
- Evans v. Mansur & Tebbetts Implement Co.Court of Appeals for the Fifth Circuit · 1898
3Cited by3 opinions
- United States v. SullivanDistrict Court, W.D. New York · 1937
- Leary v. United StatesCourt of Appeals for the Fourth Circuit · 1919
- United States v. LearySupreme Court of the United States · 1917