Legal Opinion

First Nat. Bank of Danville v. Cunningham

U.S. Circuit Court for the District of Kentucky

Decided December 12, 1891PublishedCited by 6 opinions

At Law. Action by the First National Bank of Danville, Ill., against J. A. Cunningham upon a judgment rendered against him bj' a state court of Illinois. Heard on demurrer to the answer.

1Opinion of the CourtJackson, J.

The plaintiff’s motion to file the amended petition tendered is allowed; and the second paragraph of the defendant’s answer *511will be treated (as it was discussed) as applicable to both the original and amended petition in the consideration of plaintiff’s demurrer thereto.

The attention of counsel is called to the fact that the demurrer, as bled, states that said second paragraph of the answer does not constitute a defense to the matters set up in the first paragraph of the petition. The demurrer was discussed as relating to the second paragraph of the petition. If the demurrer, as expressed on…

2Cases cited25 opinions

  1. Thompson v. WhitmanSupreme Court of the United States · 1874
  2. McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
  3. Hampton v. M'connelSupreme Court of the United States · 1818
  4. Harkness v. HydeSupreme Court of the United States · 1879
  5. Embry v. PalmerSupreme Court of the United States · 1883

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3Cited by6 opinions

  1. Dyer v. JohnsonCourt of Appeals of Texas · 1929
  2. Gundlach v. ParkSupreme Court of Minnesota · 1918
  3. Smithman v. GrayMichigan Supreme Court · 1918
  4. Kirk v. United StatesU.S. Circuit Court for the District of Northern New York · 1903
  5. Chicago Mill & Lumber Co. v. SimsMissouri Court of Appeals · 1903

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