Dancel v. United Shoe Machinery Co.

• Decision Date: 16 January 1903
• Citation: 120 F. 839
• Parties: DANCEL et al. v. UNITED SHOE MACHINERY CO.
• Court: U.S. District Court — Southern District of New York

120 F. 839

DANCEL et al. v. UNITED SHOE MACHINERY CO.

United States Circuit Court, S.D. New York.

January 16, 1903

J Philip Berg, for plaintiffs.

Edward H. Childs, for defendant.

WHEELER District Judge.

This suit was brought in the state court, where proceedings at law and in equity are blended, and was removed by the defendant into this court, and entered upon the law docket. The ground of demurrer set down is 'that said complaint does not state facts sufficient to constitute a cause of action.'

The complaint well sets forth an assignment of letters patent No 459,036 by the plaintiffs' intestate to the Goodyear Shoe Machinery Company, in consideration of which that company agreed to pay him in each year while the patent should remain in force $5,000 as an annuity; that the defendant has succeeded to all the property of that company, including this patent, and assumed all its obligations, including these payments, which it fulfilled during the life of the intestate, and has refused since; 'wherefore plaintiffs demand judgment against the defendant in the sum of $8,749.94,' with interest. These facts do not constitute a good cause of action at law, for there was no contract between the intestate and the defendant for a breach of which damages could be recovered. They do show, however, that upon the relations assumed by the defendant to the property and obligations involved the plaintiffs are entitled in equity to a decree for the payment by the defendant to them of the amount due. They are not set forth in the nine orderly parts of a regular English bill according to the practice adopted by the Supreme Court, but only in a plain statement demanding judgment. But the Supreme Court, while requiring, by rule 20, an address to the judges and a statement of the names, abode, and citizenship of the parties, has granted liberty to omit the confederacy clause, the charging part, and the jurisdiction clause; has, by rule 21, allowed the option of stating and avoiding supposed defenses or excuses in the narrative part and required a prayer of special relief asked and of general relief. All this complaint lacks of a good bill according to these rules is the address, statement of citizenship, and proper prayer for relief. The statement of citizenship is necessary in original bills where jurisdiction depends upon that. In removed cases it should appear, when required, in the petition for removal. This is the same both at law and in equity. The address and prayer are merely formal. The law provides (Rev. St. Sec. 954 (U.S. Comp. St. 1901, p. 696)) that:

'No summons, writ, declaration, return, process, judgment, or other proceedings in civil causes, in any court of the United States, shall be abated, arrested, quashed or reversed for any defect or want of form; but such court shall proceed and give

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