Legal Opinion

Merriam v. Holloway Pub. Co.

U.S. Circuit Court for the District of Eastern Missouri

Decided September 26, 1890PublishedCited by 11 opinions

In Equity. On demurrer to Hills.

1Opinion of the Court

Miller, Justice,

(orally.) We have the same difficulty in these cases in regard to the Webster’s Dictionary controversy that we had in the case of ■ Stephens v. Overstolz, post, 465, (just decided.) The difficulty is that the parties demur to the whole bill, and of course if there is any one thing in the bill that is good, — that is to say, if the bill taken altogether entitles the complainant to some kind of relief, — the demurrer should be overruled. If a party in chancery or in a law case wants to demur to a particular part of a bill or declaration, he should not frame his demurrer as is…

2Cited by11 opinions

  1. Dennison Mfg. Co. v. Thomas Mfg. Co.U.S. Circuit Court for the District of Delaware · 1899
  2. Trinidad Asphalt Mfg. Co. v. Standard Paint Co.Court of Appeals for the Eighth Circuit · 1908
  3. Atlas Mfg. Co. v. Street & SmithCourt of Appeals for the Eighth Circuit · 1913
  4. Glaser v. St. Elmo Co.District Court, S.D. New York · 1909
  5. Allen v. Walker & GibsonDistrict Court, N.D. New York · 1916

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