Bancroft v. Taylor

HUTCHESON, Circuit Judge.

When this cause was here before it was on an appeal from an order sustaining the motions to dismiss plaintiff’s bill for want of equity, and transferring the cause to be heard at law. We decided that there was equity in the bill and, reversing the trial judge’s order, we directed that the cause be reinstated on the equity docket; that the motions to dismiss be overruled; and that the cause stand for trial on its merits. What the case was, as plaintiff’s bill made it out, is carefully and fully set out in our opinion on that appeal.1 Only the briefest summary will be…