Eggers v. Krueger
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Second Division of the Northern District of California; M. T. Dooling, Judge Suit in equity by August Ferdinand Krueger (otherwise Kruger) administrator of the estate of Anna Maria Krueger, deceased, against Frederick Eggers, as Sheriff of the City and County of San Francisco, and others. From an order granting a preliminary injunction, defendants appeal.
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Appeal from the District Court of the United States for the Second Division of the Northern District of California; M. T. Dooling, Judge Suit in equity by August Ferdinand Krueger (otherwise Kruger) administrator of the estate of Anna Maria Krueger, deceased, against Frederick Eggers, as Sheriff of the City and County of San Francisco, and others. From an order granting a preliminary injunction, defendants appeal. August Ferdinand Krueger, as administrator of the estate of Anna Maria Krueger, deceased, brought suit in equity against Eggers, sheriff of the city and county of San Francisco,…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] We believe that under the circumstances set forth in the above statement the bill is without equity, in that it shows that there was a plain, speedy, and adequate remedy at law in the courts of the state in which the judgment entered July 11, 1914, was rendered. If we assume for the present purposes of the case that the judgment in ejectment entered against Krueger was obtained by the fraud of plaintiff’s guardian ad litem and the adverse party, it still appears that the plaintiff herein had ample remedy; availed of by motion to set aside the judgment…
2Cases cited14 opinions
- Simon v. Southern Railway Co.Supreme Court of the United States · 1915
- Marshall v. HolmesSupreme Court of the United States · 1891
- Graham v. Boston, Hartford & Erie RailroadSupreme Court of the United States · 1886
- Estate of RicksCalifornia Supreme Court · 1911
- Luscomb v. FintzelbergCalifornia Supreme Court · 1912
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3Cited by6 opinions
- Griffith v. Bank of New YorkCourt of Appeals for the Second Circuit · 1945
- American Surety Co. of New York v. BaldwinCourt of Appeals for the Ninth Circuit · 1932
- Gill v. Frances Inv. Co.Court of Appeals for the Ninth Circuit · 1927
- Central Vermont Ry. Co. v. HowardCourt of Appeals for the Second Circuit · 1924
- In re Isaac Silver & Bros.District Court, S.D. New York · 1933
1 more not listed; retrieve them via the Exa API.