Legal Opinion

Bates v. Payson

U.S. Circuit Court for the District of Colorado

Decided July 1, 1877PublishedCited by 3 opinions

At law. [Joseph R.] Payson, assignee in bankruptcy of the Republic Insurance Company, of Chicago, Illinois, sued [Joseph E.] Bates in assumpsit in the district court of Arapahoe county, to recover a balance alleged to be due from the latter on his subscription to the capital stock of the company.

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At law. [Joseph R.] Payson, assignee in bankruptcy of the Republic Insurance Company, of Chicago, Illinois, sued [Joseph E.] Bates in assumpsit in the district court of Arapahoe county, to recover a balance alleged to be due from the latter on his subscription to the capital stock of the company. The suit was brought and judgment was entered against Bates under the territorial government, and he, pursuant to a law of the territory, removed the cause into the supreme court of the territory by appeal. This appeal was pending in that court on the 1st day of August, 1876, when the territory…

1Opinion of the Court

MIDLER, Circuit Justice,

presiding, overruled the objection. It was.admitted that the case was one which might have been brought in a federal court, if such courts had existed at the date of the commencement of the suit. As such, the case was within the eighth section of the act. By that section this court is declared to be the successor of the supreme court of the territory as to all such cases, with power to proceed therein “in due course of law.” This means that this court may do all that was left undone in the supreme court of the territory. The cause was pending in that court for review,…

2Cited by3 opinions

  1. Alexander v. United StatesCourt of Appeals for the Ninth Circuit · 1893
  2. United States v. LyndeU.S. Circuit Court for the District of Montana · 1890
  3. Hecht v. MetzlerU.S. Circuit Court for the District of Utah · 1897

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