Peacock v. United States
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Hawaii. The petition in this case presents the nature and character of this proceeding.
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Appeal from the District Court of the United States for the District of Hawaii. The petition in this case presents the nature and character of this proceeding. It reads as follows: “The United States of America, plaintiff, complains of Walter O. Peacock, defendant, for cause of action against the said Walter G. Peacock, alleges as follows, to wit: That heretofore, and on, to wit, the 2d day of July, A. D. 1902, in order to secure the registry, under the laws of the United States, of a certain vessel known as the ‘Jiilia E. Whalen,’ the said Walter 0. Peacock did take an oath at the port of…
1Opinion of the CourtHawley, District Judge
1. It is claimed that the motion to strike out portions of the answer was an inappropriate remedy; that the points should have been reached by demurrer, by motion to render the answer more definite or certain, or by motion for judgment on the pleadings. Conceding that the objections to the averments might have been presented by either of the methods suggested, it does not follow that the course pursued in this case was either inappropriate or erroneous. The remedy to strike out portions of a pleading which are objectionable upon any of the grounds stated in the motion has been frequently…
2Cases cited21 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- The LauraSupreme Court of the United States · 1885
- United States v. MorrisSupreme Court of the United States · 1825
- Mulcahy v. BuckleyCalifornia Supreme Court · 1893
- State v. McGarryWisconsin Supreme Court · 1867
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3Cited by7 opinions
- Drespel v. DrespelNevada Supreme Court · 1935
- American Surety Co. v. SandbergDistrict Court, W.D. Washington · 1915
- Scola v. ScolaMassachusetts Supreme Judicial Court · 1945
- United States v. Greater New York Live Poultry Chamber of CommerceDistrict Court, S.D. New York · 1931
- United States v. 150 7/12 Dozen Long GlovesDistrict Court, E.D. New York · 1909
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