Cunningham v. City of Cleveland
Court of Appeals for the Sixth Circuit
Appeal from the Gircnit Court of the United States for the Eastern District of Tennessee. This is an appeal of R. J. Cunningham, receiver of the Cleveland Water & Electric Light Company, from a decree of the circuit court for the Eastern district of Tennessee, dismissing his ancillary bill against the city of Cleveland, Tenn.
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Appeal from the Gircnit Court of the United States for the Eastern District of Tennessee. This is an appeal of R. J. Cunningham, receiver of the Cleveland Water & Electric Light Company, from a decree of the circuit court for the Eastern district of Tennessee, dismissing his ancillary bill against the city of Cleveland, Tenn. The litigation was begun in the court below by the National Waterworks & Construction Company, which filed a bill against the Cleveland Water & Electric Light Company and W. W. Cunningham and four other individual defendants, to foreclose a mortgage held by complainant…
1Opinion of the CourtTaft, Circuit Judge
Appellee seeks to sustain the decree, first, on the ground made below by demurrer, that there was no equity in the bill, for the reason that there was a full and adequate remedy at law. The objection to the jurisdiction in equity must fail. This is an ancillary bill, filed for the purpose of collecting the assets of an insolvent debtor whose property was being subjected to the payment of a mortgage and of its general debts. The jurisdiction in equity of the main bill supports that of the ancillary bill. The same question arose in Peck v. Elliott, 24 C. C. A. 425, 79 Fed. 10, in which Judge…
2Cases cited11 opinions
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- White v. EwingSupreme Court of the United States · 1895
- City of Brenham v. Brenham Water Co.Texas Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
- Ennis Water Works v. City of EnnisTexas Supreme Court · 1912
- City of Cleveland v. United StatesCourt of Appeals for the Sixth Circuit · 1909
- Beach v. Beach Hotel CorporationSupreme Court of Connecticut · 1933
- Ozan Lumber Co. v. Davis Sewing Mach. Co.District Court, D. Delaware · 1922
12 more not listed; retrieve them via the Exa API.