National Tube-Works Co. v. Ballou

U.S. Circuit Court for the District of Southern New York

National Tube-Works Co. v. Ballou

42 F. 749, 1889 U.S. App. LEXIS 2674

CourtU.S. Circuit Court for the District of Southern New York

DecidedOctober 20, 1889

StatusPublished

Cited by1 cases

This text of 42 F. 749 (National Tube-Works Co. v. Ballou) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Tube-Works Co. v. Ballou, 42 F. 749, 1889 U.S. App. LEXIS 2674 (circtsdny 1889).

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Opinion

Wallace, J.

The demurrer to the bill must be the authority of the previous decisions of this court in Claflin v. McDermott, 12 Fed. Rep. 375, and Walser v. Seligman, 13 Fed. Rep. 415. As those cases were decided by me, I feel free to say that I doubt whether they do not adopt a too technical view of the right of a creditor whose judgment has been obtained against his debtor at the place of his domicile, and whose execution has been issued there, and returned unsatisfied, to maintain a creditors’ bill in a court of another state; and I may be permitted to express the hope that the present case may be taken to the supreme court for review.

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Wallace, J.

The demurrer to the bill must be the authority of the previous decisions of this court in Claflin v. McDermott, 12 Fed. Rep. 375, and Walser v. Seligman, 13 Fed. Rep. 415. As those cases were decided by me, I feel free to say that I doubt whether they do not adopt a too technical view of the right of a creditor whose judgment has been obtained against his debtor at the place of his domicile, and whose execution has been issued there, and returned unsatisfied, to maintain a creditors’ bill in a court of another state; and I may be permitted to express the hope that the present case may be taken to the supreme court for review.

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42 F. 749, 1889 U.S. App. LEXIS 2674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-tube-works-co-v-ballou-circtsdny-1889.

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