ancillary suit
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 65 U.S. 450 - Freeman v. Howe · 1860Most cited · 535 citing opinions
a bill filed on the equity side of the court to restrain or regulate judgments or suits at law in the same court, and thereby prevent injustice, or an inequitable advantage under mesne or final process, is not an original suit, but ancillary and dependent, supplementary merely to the original suit, out of which it had arisen, and is maintained without reference to the citizenship or residence of the parties
How often courts cite the cases defining “ancillary suit”
Court decisions citing the 2 opinions that defined “ancillary suit” — 582 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1860–1925
Such a suit may be maintained by the plaintiff in the principal suit against strangers to the record to determine a controversy having relation to the property in the custody of the court and which, in justice to the parties before the court, ought to be determined in the principal suit.