Legal Opinion

Adriaans v. Lyon

District of Columbia Court of Appeals

Decided May 12, 1896No. 560Published

Hearing on an appeal by the defendant from a decree for complainant in a suit to enforce a decree for a specific sum of money rendered in another equity proceeding. The Court in its opinion stated the case as follows : This is á proceeding in equity by a creditor to enforce a decree for a specific sum of money rendered -ip his favor in another equity proceeding.

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Hearing on an appeal by the defendant from a decree for complainant in a suit to enforce a decree for a specific sum of money rendered in another equity proceeding. The Court in its opinion stated the case as follows : This is á proceeding in equity by a creditor to enforce a decree for a specific sum of money rendered -ip his favor in another equity proceeding. Both the parties had been defendants in the former proceeding, and upon the payment of the costs in that proceeding by the appellee, Isaac S. Lyon, it was adjudged and decreed that Lyon should have execution therefor agajnst his…

1Opinion of the CourtJustice MoRRis

It is very clear to us that there is no merit in the appeal in this case ; and we would be disposed to affirm the decree appealed from in brief terms were it not that a question of practice is presented which it is important to settle.

The appellant claims that by his alleged answer to the bill of complaint, which was combined with his first answer to the complainant’s interrogatories, he was entitled to an issue and to have testimony taken or to have that answer ■ considered at the hearing. This is a misapprehension of the law and of the rule of the Supreme Court of the District of Columbia…

2Cases cited3 opinions

  1. Farley v. KittsonSupreme Court of the United States · 1887
  2. Kennedy v. CreswellSupreme Court of the United States · 1880
  3. Dows v. McMichaelNew York Court of Chancery · 1831

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