The Federal Reporter Volume 128

The Federal Reporter Volume 128

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...of the Circuit Court, because he may lose the whole benefit of his property by a forced sale. We think otherwise. The only matter in controversy is the amount claimed in the execution. The dispute is whether the property iu question is liable to be charged with It, or not. The Jurisdiction does not depend upon the amount of any contingent loss or damage which one of the parties may sustain by a decision against him, but upon the amount in dispute between them, and, as that amount in this case is below $2,000, the appeal must be dismissed." With a. clear conviction that the action of the sheriff in this matter is entirely invalid, I have reached reluctantly the conclusion that the court is without jurisdiction to offer the relief asked. The bill, therefore, must be dismissed, but without prejudice to the right of the complainant to seek his remedy in any other tribunal. Nothing is now decided, except that the case does not come within the limited jurisdiction of this court. STANWOOD et al. v. WISHAUD et al. (Circuit Court, S. D. Iowa, Central Division. March 2, 1902.) 1. Attorney And Client--Duty Of Attorney To Keep Client Advised--Acquiring Title To Property Adverse To Client's Interests. It is the duty of an attorney to keep his client advised at all times of any facts which may affect the client's rights, and a court of equity will not permit him to acquire title to property in any way the subject of the litigation without the knowledge of the client, and adverse to his rights or Interests, but will decree that he holds such title as trustee for the client, although acquired with his own money. 2. Same--Suit By Client To Declare Trust--Defenses. A bill alleged that complainants were owners of obligations of a trust company which became...
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Product details

  • Paperback | 576 pages
  • 189 x 246 x 30mm | 1,016g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236659791
  • 9781236659798