Brazoria County v. Youngstown Bridge Co.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Texas. This was a suit in equity brought by the Youngstown Bridge Company against Brazoria county, Tex., and others, to obtain a construction and reformation of a contract entered into between it and Brazoria county, and praying that an action at law upon the contract be suspended until the further order of the court.
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Appeal from the Circuit Court of the United States for the Eastern District of Texas. This was a suit in equity brought by the Youngstown Bridge Company against Brazoria county, Tex., and others, to obtain a construction and reformation of a contract entered into between it and Brazoria county, and praying that an action at law upon the contract be suspended until the further order of the court. A decree having been rendered in favor of complainant, reforming the contract as prayed, defendants have appealed. On May 25, 1892, the county of Brazoria, state of Texas, entered into a written…
1Opinion of the CourtMaxey, District Judge
Before entering upon a discussion of the merits of the case, it becomes necessary to dispose of a preliminary question suggested by the appellee. It is objected by counsel for appellee that the demurrer interposed by appellants to the bill was irregularly filed and heard, because it was unaccompanied by the usual certificate of counsel and affidavit of the defendants, and for the additional reason that it was filed on the eve of the final hearing of the cause, and long after the filing of the answer. By equity rule 31, it is provided that:
“No demurrer or plea shall be allowed to be filed to…
2Cases cited21 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Lake County v. RollinsSupreme Court of the United States · 1889
- Hedges v. Dixon CountySupreme Court of the United States · 1893
- Graves v. HornTexas Supreme Court · 1895
- Litchfield v. BallouSupreme Court of the United States · 1885
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3Cited by10 opinions
- Fairbanks-Morse Co. v. City of GearySupreme Court of Oklahoma · 1916
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- Haskins & Sells v. Oklahoma CitySupreme Court of Oklahoma · 1912
- Bryant Bros. v. RobinsonCourt of Appeals for the Fifth Circuit · 1906
- Duncan v. JenkinsCourt of Appeals of Kentucky (pre-1976) · 1926
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