Legal Opinion
National Surety Co. v. County Board of Education of McDowell County
Court of Appeals for the Fourth Circuit
Decided October 19, 1926No. 2491PublishedCited by 21 opinions
1Opinion of the Court
PARKER, Circuit Judge.
This cause, although instituted as an action at law, is in reality a suit in equity. Its purpose is to establish an equitable lien and to enforce rights arising thereunder, and the only relief appropriate under the pleadings is equitable relief. On motion of the parties, or by the court ex mero motu, it might have been transferred to the equity docket in the District Court. Act March 3, 1915, 38 Stat. 956; Liberty Oil Co. v. Condon Nat. Bk., 260 U. S. 235, 43 S. Ct. 118, 67 L. Ed. 232. This was not in fact done, but the proceedings had were in conformity with the…
2Cases cited16 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Walker v. BrownSupreme Court of the United States · 1897
- Liberty Oil Co. v. Condon National BankSupreme Court of the United States · 1922
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Booker v. EverhartSupreme Court of North Carolina · 1978
- Great American Ins. Co. v. JohnsonCourt of Appeals for the Fourth Circuit · 1928
- Angeles Real Estate Co. v. KerxtonCourt of Appeals for the Fourth Circuit · 1984
- Ellerbe v. Studebaker Corporation of AmericaCourt of Appeals for the Fourth Circuit · 1927
- Clarksburg Trust Co. v. Commercial Casualty Ins. Co.Court of Appeals for the Fourth Circuit · 1930
16 more not listed; retrieve them via the Exa API.