Blythe Co. v. Hinckley
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. This is an appeal from the judgment of the circuit court (84 Fed. 228) dismissing a bill filed therein to review a pro confesso decree of the same court entered December 22, 1S97, for alleged errors appearing upon the face of the record.
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Appeal from the Circuit Court of the United States for the Northern District of California. This is an appeal from the judgment of the circuit court (84 Fed. 228) dismissing a bill filed therein to review a pro confesso decree of the same court entered December 22, 1S97, for alleged errors appearing upon the face of the record. The suit which was the foundation of the proceedings in the court below was one branch of the long-pending contest over the large estate left by the late Thomas H. Blythe, and was initiated in the circuit court by the filing on the 3d day of December, 1895, by John W.…
1Opinion of the CourtRoss, Circuit Judge
It is contended on the part of the appellee Hinckley that the bill of review was filed too late. That objection was stated in several *837different forms in her amended demurrer. Various other grounds of demurrer were also taken by her, all of which, in the opinion of the court sustaining the aménded demurrer and directing the dismissal of the bill, were sustained, except that of laches, which, in the opinion, was overruled; and for this reason it is claimed on the part of the appellant that this court cannot consider the objection that the bill of review was filed too late, inasmuch as there is…
2Cases cited11 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Stewart v. SalamonSupreme Court of the United States · 1878
- Thomas v. Gabrielle Brockenbrough, John Harvie, Edwin Harvie, Jacqueline Harvie, Julia Ann Harvie, Heirs at Law, and Devisees of John HarvieSupreme Court of the United States · 1825
- In Re Shibuya JugiroSupreme Court of the United States · 1891
- Blythe v. HinckleySupreme Court of the United States · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Western Union Telegraph Co. v. United States & Mexican Trust Co.Court of Appeals for the Eighth Circuit · 1915
- Linde Air Products Co. v. Morse Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1917
- In Re TuckerCourt of Customs and Patent Appeals · 1932
- Senitha v. RobertsonCourt of Appeals for the Fourth Circuit · 1930
- Jorgenson v. YoungCourt of Appeals for the Ninth Circuit · 1905
3 more not listed; retrieve them via the Exa API.