Legal Opinion

Ambler v. Archer

Court of Appeals for the D.C. Circuit

Decided September 5, 1893No. 13PublishedCited by 2 opinions

Hearing on a demurrer to a bill in equity, transferred to this court under the act of Congress of February 9, 1893, 27 Stats., 434, from the General Term of the Supreme Court of the District of Columbia, where it was pending at the date of the act upon certification from an equity term of that court to be heard in the first instance.

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Hearing on a demurrer to a bill in equity, transferred to this court under the act of Congress of February 9, 1893, 27 Stats., 434, from the General Term of the Supreme Court of the District of Columbia, where it was pending at the date of the act upon certification from an equity term of that court to be heard in the first instance. The facts are set forth in the opinion. 1. This bill is filed by the complainant as a stockholder in an incorporated joint stock company against the directors of the company, making the company and a predecessor parties defendant to this cause, the last company…

1Opinion of the Court

The Chief Justice

delivered the opinion of the court:

This case has been pending for several years. The bill as originally filed was demurred to, and the demurrer was sustained upon the ground that the bill was multifarious. Under leave given, the bill was amended, or at least a few alterations were made in some of its allegations. It was again demurred to, upon several grounds:

ist. That the bill failed to disclose any such case as entitled the complainants to discovery or relief, as against the defendants.

2d. That the bill is multifarious; and that there is a misjoinder of parties.

3d. That the…

2Cases cited2 opinions

  1. St. Clair v. CoxSupreme Court of the United States · 1882
  2. Swan Land & Cattle Co. v. FrankSupreme Court of the United States · 1893

3Cited by2 opinions

  1. Lichtenberg v. Bullis School, Inc.District of Columbia Court of Appeals · 1949
  2. Gould v. CommissionerUnited States Board of Tax Appeals · 1930

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