Overholt v. Matthews
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decree in the Supreme Court of the District of Columbia, dismissing a bill for discovery, accounting, and general relief. The Court in the opinion stated the facts as follows t This appeal is from, a decree in the supreme court of the District dismissing appellant’s (Edwin E. Overholt) hill for discovery, accounting, and general relief. The original hill was filed on April 30, 1906. Process was served on William B. Matthews, since deceased.
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Hearing on an appeal from a decree in the Supreme Court of the District of Columbia, dismissing a bill for discovery, accounting, and general relief. The Court in the opinion stated the facts as follows t This appeal is from, a decree in the supreme court of the District dismissing appellant’s (Edwin E. Overholt) hill for discovery, accounting, and general relief. The original hill was filed on April 30, 1906. Process was served on William B. Matthews, since deceased. On June 4, 1906, Matthews filed a general demurrer to the bill. The demurrer shortly thereafter was taken under advisement by…
1Opinion of the CourtJustice Eobb
The learned trial justice, in his opinion, attached considei’able importance to the delay of complainant in the prosecution of his case and it is clear that this view was largely responsible for the conclusion reached. That the suit was seasonably brought there can be no serious question, and while the complainant did not testify, as he might have done, in support of the averments in paragraphs 8 and 13 of his bill to the effect that he did not learn of the sale of the stock by defendants until shortly before the institution of his suit, it is not alleged in the answer that he ever was given…
2Cases cited13 opinions
- Baker v. HumphreySupreme Court of the United States · 1880
- Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892
- Swan v. TalbotCalifornia Supreme Court · 1907
- Thomas v. Turner's Adm'rSupreme Court of Virginia · 1890
- Warren v. HolbrookMichigan Supreme Court · 1893
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3Cited by7 opinions
- Garces v. BradleyDistrict of Columbia Court of Appeals · 1973
- Cafritz v. Corporation Audit Co.District Court, District of Columbia · 1945
- Christian v. BrunoDistrict of Columbia Court of Appeals · 1968
- Brown v. CohenDistrict of Columbia Court of Appeals · 1986
- Gaertner v. Eugene Leland Memorial HospitalDistrict of Columbia Court of Appeals · 1968
2 more not listed; retrieve them via the Exa API.