Samuel Blatchford

Name: Ensminger v. Powers — Opinion of the Court
Author: Samuel Blatchford

Ensminger v. Powers — Opinion of the Court

Summary

“Ensminger v. Powers — Opinion of the Court”, is a work by Samuel Blatchford. It explores elements such as Ensminger, decree and plaintiffs.

Quotes from Ensminger v. Powers — Opinion of the Court (Samuel Blatchford)

Samuel Blatchford, Ensminger v. Powers — Opinion of the Court

“ There can be no doubt that it could be so considered; and, if on appeal, it must have a like effect on a bill of review, as it is to looked at as forming a part of the decree. What, then, does it show, except that the proper forms of the administration of justice were disregarded, the functions of the judge were abnegated, there was no hearing or decision by the court, and the counsel for the defendant was allowed to prepare and enter such a degree as he chose? ”

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Source: Wikisource

Samuel Blatchford, Ensminger v. Powers — Opinion of the Court

“ Words need not be multiplied to argue that a decree rendered under such circumstances must, on a bill of review, by held for naught and as if it did not exist. Though not the case of actual fraud practiced on the court or on the opposite party, what was done operated as a legal fraud in respect of the rights of such party, through the illegal co-operation of the judge with one of the parties. ”

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Source: Wikisource

Samuel Blatchford, Ensminger v. Powers — Opinion of the Court

“ Ensminger and Sears having demurred to the bill, the court gave leave to the plaintiffs to file said bill as a bill of review, and then the demurrer was heard and overruled, with leave to the defendants to embody in their answer the matters of the demurrer, and a temporary injunction was granted according to the prayer of the bill, and the bill was dismissed as to the city, and the other defendants were allowed to answer the bill. ”

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Source: Wikisource

Samuel Blatchford, Ensminger v. Powers — Opinion of the Court

“ Ensminger v. Powers
In May, 1867, a bill in equity was filed by the board of mayor and aldermen of the city of Memphis and Bridget Powers against Marmaduke L. Ensminger and J. J. Sears, in the circuit court of the United States for the western district of Tennessee. The bill was sworn to by John C. Powers as agent for Bridget Powers. ”

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Source: Wikisource

Samuel Blatchford, Ensminger v. Powers — Opinion of the Court

“ The answer of Ensminger and Sears asserts the validity of the title of Ensminger under the tax sale; that the decree in the first suit was an adjudication in his favor as to all the allegations in this bill; that none of the alleged objections to the tax sale proceedings are tenable ”

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Source: Wikisource

Samuel Blatchford, Ensminger v. Powers — Opinion of the Court

“ But the plaintiffs in that decree appealed from it to this court, it being a final decree. A bill of review must ordinarily be brought within the time limited by statute for taking an appeal from the decree sought to be reviewed, where, as here, the review sought is not founded on matters discovered since the decree. ”

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Source: Wikisource

Samuel Blatchford, Ensminger v. Powers — Opinion of the Court

“ As to this last-named lease, the plaintiff John C. Powers, having voluntarily entered into it, no ground is shown for setting it aside. It was correct to charge Ensminger with the costs of both suits. The decree of this court in the first suit imposed on the plaintiffs herein only the costs of the appeal to this court. The costs of the present appeal must be paid by the appellant. ”

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Source: Wikisource

Samuel Blatchford, Ensminger v. Powers — Opinion of the Court

“ The lot in question is shown by the testimony in the present suit to have been part of the navy-yard, and to have been the property of the city of Memphis from before the passage of the act of 1861 until after the sale of it for taxes. ”

Samuel Blatchford

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