Before the notes fell due, and before they were presented for allowance against the estate of Bryan in the probate court having jurisdiction thereof, and without application to any court for an order to pay the notes, or any of them, or to sell any property of the estate to pay them, and "while holding in his hands as administrator sufficient money to pay all the principal and interest which might become due on said notes, or any of them," Kales, on the 28th of September, 1883, instituted, in the District Court of the Second Judicial District of Arizona in and for Maricopa County, in his individual name, an action against himself as administrator. He declared in that action upon the notes and mortgages, and prayed judgment against himself as administrator for the sum of $5,700, with interest on $1,200 of that sum from the 11th day of June, 1883; on $2,500, from the 23d day of May, 1883; on $1,500, from the 26th day of May, 1883, and on $500 from June 14, 1883 -- the interest on each sum to be at the rate of one and one-half percent per month, with a like rate of interest upon the principal sum named in any judgment or decree that may be obtained from the date thereof until the same shall be fully paid and satisfied, and for ten percent for attorneys' fees upon $4,000 of the principal sum, and five percent for attorneys' fees upon $2,500 of the principal sum, and for costs of suit.
foreclosed of all right, claim, or equity of redemption in the premises and every part thereof, and that the plaintiff have judgment against the defendant, as administrator of the estate of J. M. Bryan, deceased, for any deficiency remaining after applying the proceeds of the sale of the premises properly applicable to the satisfaction of the judgment, and that such deficiency be made a claim against the estate of the said J. M. Bryan, deceased, to Be paid as other claims said estate.
126 Professional Photo Action Set
"The defendant M. W. Kales, administrator of the estate of J. M. Bryan, deceased, answering the complaint on file in this action, admits each and every material a allegation in the said complaint and consents that judgment and decree be entered in accordance with the prayer thereof."
"all the facts herein alleged the defendants, and each of them at all the times herein mentioned, had full notices; that the defendant D. H. Pinney was the judge of the said district court, and acted as such in all the proceedings had in the said action, wherein said defendant M. W. Kales was plaintiff, and said M. W. Kales, as administrator of the estate of J. M. Bryan, deceased, was defendant, and said defendant D. H. Pinney rendered and made the said decree of foreclosure and order of sale therein and was so the judge of said district court at the time of the assignment to him by said defendant M. W. Kales of the sheriff's certificate of sale of said block number 98, in said City of Phoenix, and also at the time of the execution and delivery to him by the said sheriff of the said sheriff's deed thereof."
husband, and its continuance will be presumed to be there, the contrary not having been alleged; that there was no action brought to set aside the judgment; that from the 8th day of November, 1883, till the [2]9th day of June, 1887 -- nearly four years -- she saw the property greatly enhancing in value, saw it sold time and again, then sells it to the plaintiff, who now comes into a court of equity and asks a cancellation of all those sales. If the bill had shown, and which plaintiff was allowed to show, that any disability existed on the part of anyone having an interest in the property at the time of sale, we would grant the prayer of the bill. No such disability being shown, can we think of allowing the party who has so long slept upon her rights to divest the present owners of their valuable property?"
It is true, as contended, that, where the bill shows such laches upon the part of the plaintiff that a court of equity ought not to give relief, the defendant need not interpose a plea or answer, but may demur upon the ground of want of equity apparent on the bill itself. Lansdale v. Smith, 106 U. S. 393; Speidel v. Henrici, 120 U. S. 377, 120 U. S. 387. But no such case is made by the bill. The limitation prescribed by the statutes of Arizona for the commencement of an action to recover real property, or the possession thereof, is five years. If this statute governs courts of equity as well as courts of law -- and such is the plaintiff's contention -- the present action is not barred by limitation. If, as contended by the defendants, a court of equity may deny relief because of laches in suing, although the plaintiff commenced his action within the period limited by the statute for actions at law, still the granting or refusing relief upon that ground must depend upon the special circumstances of each case. Harwood v. Railroad Co., 17 Wall. 78; Brown v. County of Buena Vista, 95 U. S. 160; Hayward v. National Bank, 96 U. S. 617. The case made by the complaint in this suit is one of fraud upon the part of the administrator, and in that fraud, if the allegations of the complaint are sustained by proof, the defendants, and each of them, must be held to have participated. The circumstances as detailed in the complaint are so peculiar in their character that a court of equity should be slow in denying relief upon the mere ground of laches in bringing suit.
Send PostScript files as 8-bit binary data when using FTP to transfer the files between computers, especially if the platforms are different. This action prevents converting line feeds to carriage returns or vice versa.
An employer cannot take adverse actions against an employee who exercises a protected right, files or intends to file a complaint, or who has discussed potential violations of their rights. Prohibited adverse actions may include:
Cynthia Salomon, Plaintiff, brings this action for injunctive relief alleging that Roche CompuChem Laboratories, Inc. ("CompuChem"), American Airlines, Inc. ("American Airlines"), and Dr. James Yiannou (collectively, the "Defendants") violated the disclosure obligations set forth in 49 C.F.R. 40.37 by refusing to provide Plaintiff with certain records related to certification inspections conducted in 1994. Before this Court is Defendants' motion to dismiss the Complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure. For the reasons that follow, the motion is granted.
By letter dated December 10, 1994, Plaintiff requested that CompuChem provide her with records relating to CompuChem's certification and information relevant to chain-of-custody issues. Specifically, Plaintiff sought records relating to CompuChem's certification in 1994 by the Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, and other certification programs. Although Plaintiff received a "Laboratory Documentation Package" which contained laboratory documents regarding Plaintiff's drug test, Plaintiff did not receive the certification documents she requested, despite repeated requests. Plaintiff made the same request to Dr. Yiannou and American Airlines. This action followed. 2ff7e9595c
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