Legal Opinion
Weber v. Hertzell
Court of Appeals for the Eighth Circuit
Decided February 9, 1916No. 4201PublishedCited by 9 opinions
Appeal from the District Court of the United States for the Eastern District of Oklahoma; Ralph E. Campbell, Judge. Suit by Howard Weber against Freeman E. Hertzell and others. From a decree dismissing the bill, plaintiff appeals.
1Opinion of the Court
SMITH, Circuit Judge.
[1] This is an action in equity. The bill was filed by Ploward Weber December 2, 1912, and on December 9, 1912, the defendant Freeman E. Hertzell filed a demurrer thereto. By rule 81 (198 Fed. xlii, 115 C. C. A. xlii) of the new equity rules it is provided:
“These rules shall be in force on and after February 1, 1913, and shall govern all proceedings» in cases then pending or thereafter brought, save that where in any then pending cause an order has been made or act done which can not be changed without doing substantial injustice, the court may give effect to such order…
2Cases cited11 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Clews v. JamiesonSupreme Court of the United States · 1901
- Donovan v. Pennsylvania Co.Supreme Court of the United States · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Leach v. Ross Heater & Mfg. Co.Court of Appeals for the Second Circuit · 1939
- John R. Alley & Co. v. Federal Nat. BankCourt of Appeals for the Tenth Circuit · 1942
- Hertzel v. WeberSupreme Court of Oklahoma · 1926
- Hare & Chase, Inc. v. National Surety Co.District Court, S.D. New York · 1931
- Perryman Burns Coal Co. v. MandelbaumNew York Supreme Court · 1963
4 more not listed; retrieve them via the Exa API.