McCartney v. Fletcher
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the complainants from a decree dismissing a bill of complaint in a suit for discovery and account of the personal estate of an intestate. The Court in its opinion stated the case as follows: Cases Nos. 616 and 617 were argued together, because the evidence was all taken in the case No. 616 and introduced into the other one, No. 617, by stipulation.
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Hearing on an appeal by the complainants from a decree dismissing a bill of complaint in a suit for discovery and account of the personal estate of an intestate. The Court in its opinion stated the case as follows: Cases Nos. 616 and 617 were argued together, because the evidence was all taken in the case No. 616 and introduced into the other one, No. 617, by stipulation. But the cases are entirely different in their nature and character, and as to the relief prayed, and are between different parties and depend upon facts and principles of law that are not common to both cases. The cases…
1Opinion of the CourtChief Justice Alvey
We are of opinion that the demurrers ought to have been sustained to the entire bill, and the bill have been dismissed on the demurrers; and this for several reasons.
1. In the first place, the allegations and charges of the bill are entirely too general, vague and indefinite, and extend to matters and things not properly the subject of enforced discovery. The bill is a drag-net, and is a good example of what has been called a vexatious fishing bill, which the court has always regarded with disfavor. By its generality of allegation it embraces and is applicable to everything, but does not…
2Cases cited5 opinions
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Lucas v. BrooksSupreme Court of the United States · 1873
- President of the Bank of the United States v. BeverlySupreme Court of the United States · 1843
- Dorsey v. SmithsonCourt of Appeals of Maryland · 1823
3Cited by3 opinions
- United States v. James H. BurksCourt of Appeals for the D.C. Circuit · 1972
- United States v. Frank LewisCourt of Appeals for the D.C. Circuit · 1970
- United States v. James H. BurksCourt of Appeals for the D.C. Circuit · 1972