Legal Opinion

Interurban General Contracting Co. v. United States ex rel. Victoria White Granite Co.

District Court, D. Massachusetts

Decided January 12, 1916No. 692Published

'In Equity. Suit by the Interurban General Contracting Company of New York and another against the United States, for the sole use and benefit of the Victoria White Granite Company of Ohio, and others. On motion to dismiss the bill. Bill dismissed.

1Opinion of the Court

MORTON, District Judge.

The defendant in this suit obtained on June 21, 1915, in an action of law brought by it in this court, a judgment by default for nonappearance against the complainants herein. The term at which the judgment was entered expired and was adjourned sine die. This is a suit in equity, entitled “Bill of Review,” brought by the defendant in that action to enjoin the enforcement of the judgment so obtained, or to set it aside. The present defendant, the judgment creditor, has filed a motion to dismiss the bill, which is equivalent to a general demurrer.

[1] The case stated in…

2Cases cited7 opinions

  1. Bronson v. SchultenSupreme Court of the United States · 1882
  2. Wetmore v. KarrickSupreme Court of the United States · 1907
  3. Knox County v. HarshmanSupreme Court of the United States · 1890
  4. City of Manning v. German Ins.Court of Appeals for the Eighth Circuit · 1901
  5. Travelers' Protective Ass'n of America v. GilbertCourt of Appeals for the Eighth Circuit · 1901

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