Eichel v. United States Fidelity & Guaranty Co.,
245 U.S. 102 (1917)

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U.S. Supreme Court

Eichel v. United States Fidelity & Guaranty Co., 245 U.S. 102 (1917)

Eichel v. United States Fidelity & Guaranty Company

No. 571

Motion to dismiss or affirm submitted October 8, 1917

Decided November 5, 1917

245 U.S. 102


Appellant having brought a number of actions against appellee in the district court, all cognizable there because arising under a law of the United States, appellee filed in that court a bill ancillary and dependent in form setting up a partial equitable defense to all the actions and other partial defenses to some, and praying that the whole matter be tried in equity and the legal proceedings enjoined. The bill also showed diversity of citizenship. Relief was decreed accordingly in the district court and circuit court of appeals. Held that the bill was dependent and ancillary, that the jurisdiction to entertain it was referable to that invoked in the actions at law, and that the decree of the circuit court of appeals was therefore reviewable by appeal. Jud.Code, §§ 128, 241.

In a much litigated case, presenting only questions of fact and well settled questions of general law, unaffected by any ruling on any federal question, where the federal courts of two circuits had reached the same conclusions of fact independently, this Court, being satisfied

Page 245 U. S. 103

from the record and assignments, examined in the light of the opinion below, that the ruling were so clearly right that the appeal seemed to be taken without reasonable justification, and therefore for delay, sustained a motion to affirm the decree.

241 F. 357 affirmed.

The case is stated in the opinion.

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