Legal Opinion

Ulman v. Iaeger's Adm'r

U.S. Circuit Court for the District of West Virginia

Decided August 15, 1907PublishedCited by 2 opinions

In Equity. On demurrers by Alfred J. Ulman, the Crozer Land Association, and the Pocahontas Coal & Coke Company to the cross-bill of Samuel Ross.

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In Equity. On demurrers by Alfred J. Ulman, the Crozer Land Association, and the Pocahontas Coal & Coke Company to the cross-bill of Samuel Ross. At August rules, 1889, in the circuit court of McDowell county, W. Va., Alfred J. Ulman filed his bill against William R. Iaeger, William G. W. Iaeger, Lindon Kent, S. O. Neal, Enoch Totten, Henry S. Parmalee, trustee, Charles Benjamin Willcenson, Charles P. Jenney, trustee, and Charles C. Harrison, and at September rules following he filed an amended bill against the same parties and one Elias Adler, in which he alleges, substantially, that on the…

1Opinion of the CourtDayton, District Judge

(after stating the facts as above). The grounds assigned for these demurrers have been reduced and condensed with remarkable clearness and brevity by learned counsel in a brief filed for the Pocahontas Coal & Coke Company, into these four propositions: First, a cross-bill may not be predicated upon a settled controversy; second, a cross-bill may not be used for the purpose of. introducing new and indispensable parties; third, an original bill may not be filed in the guise of a cross-bill; and, fourth, if the present bill is to be treated as an original bill, this court has no jurisdiction, be*1015c…

2Cases cited13 opinions

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Freeman v. HoweSupreme Court of the United States · 1861
  3. Hooe v. JamiesonSupreme Court of the United States · 1897
  4. West Va. O. & O. L. Co. v. VinalWest Virginia Supreme Court · 1879
  5. Chicago, Milwaukee & St. Paul Railway Co. v. Third National Bank of ChicagoSupreme Court of the United States · 1890

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3Cited by2 opinions

  1. Queenan v. MaysCourt of Appeals for the Tenth Circuit · 1937
  2. Moore v. New York Cotton ExchangeCourt of Appeals for the Second Circuit · 1923

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