Picquet v. Swan
U.S. Circuit Court for the District of Massachusetts
[Por former actions at law to obtain judgment on this claim, see Case No. 11,132 and note.] This was the case of a bill in equity, brought by the plaintiff, an alien, and a subject of the Ling of Prance, as administrator ■of Jean Claude .Piequet, late of Paris, in the kingdom aforesaid, deceased, intestate, an ■alien, and also a subject of Prance, against James Swan, who was described in the bill as “a citizen of the United States, who now is, and for the last twenty years…
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[Por former actions at law to obtain judgment on this claim, see Case No. 11,132 and note.] This was the case of a bill in equity, brought by the plaintiff, an alien, and a subject of the Ling of Prance, as administrator ■of Jean Claude .Piequet, late of Paris, in the kingdom aforesaid, deceased, intestate, an ■alien, and also a subject of Prance, against James Swan, who was described in the bill as “a citizen of the United States, who now is, and for the last twenty years has been, ■a resident in Paris aforesaid, and not having an inhabitancy in any of the said United States,” and against…
1Opinion of the Court
STORY, Circuit Justice.
There are two motions before the court; one on behalf of all the defendants, except Swan, to dismiss the bill on account of its non-prosecution, and the inability of the plaintiff to procure an appearance and answer from Swan. The other on behalf of the plaintiff, for further time to procure the appearance and answer of Swan, grounded upon the affidavit and papers accompanying the motion. Upon the actual structure of the bill it is very clear, that Swan is a necessary party, and that no relief can be had against the other defendants until the debt is established against…
2Cited by9 opinions
- Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
- Jessup v. Illinois Cent. R.U.S. Circuit Court for the Northern District of Illnois · 1888
- Lawrence v. Southern Pac. Co.District Court, E.D. New York · 1910
- Brown v. FletcherU.S. Circuit Court for the District of Eastern Michigan · 1904
- Buck v. FelderDistrict Court, M.D. Tennessee · 1912
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