Cammack v. Carpenter
District of Columbia Court of Appeals
Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, sustaining a demurrer to a bill to establish a lien upon certain real estate for an indebtedness alleged to be due the complainants.
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Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, sustaining a demurrer to a bill to establish a lien upon certain real estate for an indebtedness alleged to be due the complainants. The Court in its opinion stated the case as follows: The appellants, William Cammack and George Decker, partners trading as Cammack & Decker, filed their bill and amended bill alleging themselves to have been creditors of a certain John P. Carpenter, deceased, at the time of his death in August, 1891, and seek to subject to the payment of their claim a…
1Opinion of the CourtChief Justice Alvey
None of the deeds referred to in the bill were filed as exhibits therewith; and, of course, they do not constitute any part of the record before us on demurrer to the bill. Exhibits must be actually filed, as parts of the record, to be reached and brought under the consideration of the court, on demurrer to the bill or petition. A mere reference to records or to the registry of deeds, existing independently of the record of the particular cause, cannot be considered as bringing such records or deeds before the court, and making them parts of the bill. The record of each case must be complete…
2Cases cited9 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Landsdale v. SmithSupreme Court of the United States · 1882
- Drury v. FosterSupreme Court of the United States · 1865
- National Bank v. CarpenterSupreme Court of the United States · 1879
- Maxwell v. KennedySupreme Court of the United States · 1850
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