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122 U.S. 518

Morrison v. Durr

Supreme Court of the United States

Argued April 27, 28, 1887. —

Decided May 27, 1887.

Supreme Court of the United States · decided 1887-05-27

<p>APPEAL PROM THE CIRCUIT COURT OE THE UNITED STATES FOR. THE DISTRICT OF CALIFORNIA.</p> <p>In equity. Decree dismissing the bill. Plaintiff appealed.</p>

2 counsel of record

Relies on Simonton v. Sibley

Good law ✅— No negative treatment on recordhow we know

Affirmed · 8–0 · Decided 1887-05-27

How this case has been cited

Cited by 20 later decisions (1 by the Supreme Court) — most recently December 1907

3 federal appellate · 2 district ·

110188718901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1APPEAL PROM THE CIRCUIT COURT OE THE UNITED STATES FOR. THE DISTRICT OF CALIFORNIA.

¶2In this case the hill having called for answers under oath, and such answers having been made denying each and every allegation of fraud, and the evidence of two witnesses, or of one witness corroborated by circumstances, being wanting in support of the charges of fraud, this court will not reverse the decree dismissing the bill.

¶3In equity. Decree dismissing the bill. Plaintiff appealed.

¶4Mr. Eppa Hunton for appellants.

¶5Mr. Edward J. Pringle for appellee.

¶6Mr. Chief Justice Waite

¶7delivered the opinion of the court.

¶8This is a suit in equity brought by several judgment creditors of the mercantile firm of Kennedy & Durr, to set aside a sale of the goods of the firm of Charles McDermot, under executions on judgments in his favor, on the ground of fraud, and to have the property and its proceeds in the hands of McDermot subjected to the payment of the amounts due them respectively. The .bill called for answers under oath, and McDermot answered accordingly, denying each and all of the allegations of fraud which were made against him. This being responsive to the bill, his denials must be overcome by the satisfactory evidence of two witnesses, or of one witness corroborated by circumstances which are equivalent in iveight to another, before the- complainants can be granted the relief they ask. No such proof has been made. We have looked carefully through the whole evidence, and, while it is full of circumstances calculated to excite suspicion, there is not enough to justify us in reversing the decree of the court below dismiss*519ing the bill. The questions involved are principally of fact, which it would serve no useful purpose to consider at length in an opinion.

¶9The decree is affirmed.

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