Riggs v. Brown

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

Riggs v. Brown

172 F. 637, 1909 U.S. App. LEXIS 5833

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

DecidedMay 13, 1909

StatusPublished

This text of 172 F. 637 (Riggs v. Brown) 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

Riggs v. Brown, 172 F. 637, 1909 U.S. App. LEXIS 5833 (circtsdny 1909).

Pincite

Opinion

NOYES, Circuit Judge.

The demurrers to the complaint are sustained, with costs. The want of the necessary diversity of citizenship is obvious.

Upon the argument the counsel for the complainants informally asked to amend by striking out the name of one of the parties complainant. In a supplemental brief he asks in an equally informal manner to be permitted to make certain other amendments. But the power of the court to allow the desired amendments, and the propriety of the exercise of the power, if existing, should only be determined upon regular application and due notice and hearing. I am unwilling to dismiss the bill without giving the complainants an opportunity to make such application; hut at present the only matter properly before me is the disposition of the demurrer.

The bill will be dismissed, with costs, unless within 30 days the complainants obtain leave to amend, and do amend, it by changing or rearranging the parties.

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NOYES, Circuit Judge.

The demurrers to the complaint are sustained, with costs. The want of the necessary diversity of citizenship is obvious.

Upon the argument the counsel for the complainants informally asked to amend by striking out the name of one of the parties complainant. In a supplemental brief he asks in an equally informal manner to be permitted to make certain other amendments. But the power of the court to allow the desired amendments, and the propriety of the exercise of the power, if existing, should only be determined upon regular application and due notice and hearing. I am unwilling to dismiss the bill without giving the complainants an opportunity to make such application; hut at present the only matter properly before me is the disposition of the demurrer.

The bill will be dismissed, with costs, unless within 30 days the complainants obtain leave to amend, and do amend, it by changing or rearranging the parties.

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Bluebook (online)

172 F. 637, 1909 U.S. App. LEXIS 5833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riggs-v-brown-circtsdny-1909.