In re Nagao
District Court, D. Alaska
The foundation of this proceeding is a certain paper filed on the 17th day of June, 1913, reading; “To Honorable Robert W. Jennings, Judge of said court: The undersigned John Rustgard, United States Attorney in and for said division No. 1, respectfully represents and shows as follows: Then follow five paragraphs stating that Otoji Nagao procured from E. W. Pettit, clerk of this court, by fraud and misrepresentation a license to practice medicine, and that he is now…
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The foundation of this proceeding is a certain paper filed on the 17th day of June, 1913, reading; “To Honorable Robert W. Jennings, Judge of said court: The undersigned John Rustgard, United States Attorney in and for said division No. 1, respectfully represents and shows as follows: Then follow five paragraphs stating that Otoji Nagao procured from E. W. Pettit, clerk of this court, by fraud and misrepresentation a license to practice medicine, and that he is now practicing medicine, and the prayer is as follows: (1) “That a citation issue out of this court directing and commanding said…
1Opinion of the Court
JENNINGS, District Judge.
The demurrer sets up three grounds. The first ground is that the court has no jurisdic*680tion of the subject-matter of this proceeding. This ground of demurrer must be overruled, for the court undoubtedly has jurisdiction of the subject-matter under its general equity powers to cancel an instrument on the ground of fraud.- The second ground of demurrer is that the District Attorney has no capacity to prosecute this proceeding. As to that ground also the demurrer must be overruled. A person’s capacity to sue must not be confused with the right of action.
“A person having a…
2Cases cited9 opinions
- People v. Oakland Water Front Co.California Supreme Court · 1897
- Dubbers v. GouxCalifornia Supreme Court · 1875
- Benton v. WoolseySupreme Court of the United States · 1838
- United States v. World's Columbian ExpositionU.S. Circuit Court for the Northern District of Illnois · 1893
- Attorney General ex rel. Hecker v. Rumford Chemical WorksU.S. Circuit Court for the District of Rhode Island · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tierney v. TierneyConnecticut Superior Court · 1943
- In re Young's EstateDistrict Court, D. Alaska · 1937