Legal Opinion

Coffin v. Board of Com'rs

U.S. Circuit Court for the District of Kansas

Decided April 18, 1902No. 7,893PublishedCited by 8 opinions

In Equity.

1Opinion of the Court

PHILIPS, District Judge.

It is strenuously urged by defendant’s counsel that the complainants are not entitled to the relief sought by their bill, as the doctrine of the right of substitution forbids it. This question was passed upon by Judge Foster, the then presiding judge of this district, on a demurrer interposed by the defendant to the bill of L. M. Irvine, similar to the complainants’. His opinion is reported at page 765, 75 Fed. On coming into this jurisdiction under assignment, it is a part of the unwritten law that I should not overrule that ruling, unless it be so clearly erroneous…

2Cases cited28 opinions

  1. Lake County v. RollinsSupreme Court of the United States · 1889
  2. Parkersburg v. BrownSupreme Court of the United States · 1883
  3. Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
  4. Marsh v. Fulton CountySupreme Court of the United States · 1871
  5. Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898

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3Cited by8 opinions

  1. School District No. 3 v. Western Tube Co.Wyoming Supreme Court · 1905
  2. Board of Com'rs v. IrvineCourt of Appeals for the Eighth Circuit · 1903
  3. Vasser v. City of LibertyCourt of Appeals of Texas · 1908
  4. State Ex Rel. Case v. BollesMontana Supreme Court · 1925
  5. Moores v. Inhabitants of SpringfieldSupreme Judicial Court of Maine · 1949

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