Legal Opinion

Clark v. Gerstley

Court of Appeals for the D.C. Circuit

Decided November 8, 1905No. 1569PublishedCited by 1 opinion

Hearing on appeal by one of several defendants from a judgment of the Supreme Court of the District of Columbia entered upon demurrer to the defendants’ pleas, appellant having elected to stand thereon. The facts are sufficiently stated in opinion.

1Opinion of the CourtChief Justice Shepard

The appellant, John W. Clark, was joined as one of the sureties of Monaghan and McGuire, in the general action upon the surety bond, as has been recited in the statement of the appealed case of McGuire v. Gerstley, No. 1550, ante, p. 193. His special pleas were not disposed of at the time with those of his codefendants, but were postponed to April 7, 1905. On that date plaintiff’s demurrers were sustained to each of his seven pleas, and judgment for $5,000 entered against him.

His appeal has been prosecuted separately, and was submitted immediately after the other.

The first six pleas are…

2Cases cited16 opinions

  1. Reese v. United StatesSupreme Court of the United States · 1870
  2. Cross v. AllenSupreme Court of the United States · 1891
  3. Coughran v. BigelowSupreme Court of the United States · 1896
  4. Sprigg v. Bank of Mount PleasantSupreme Court of the United States · 1840
  5. Menifee v. ClarkIndiana Supreme Court · 1871

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3Cited by1 opinion

  1. Greene v. KaufmanDistrict of Columbia Court of Appeals · 1977

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