Legal Opinion

Clarke v. Janesville

District Court, D. Wisconsin

Decided May 15, 1856PublishedCited by 2 opinions

Declaration in assumpsit upon the common counts; to which the general issue was pleaded. In support of the issue on the part of the plaintiff were offered in evidence several bonds of the city of Janesville to the Rock River Valley Union Railroad Company, with coupons or interest warrants annexed.

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Declaration in assumpsit upon the common counts; to which the general issue was pleaded. In support of the issue on the part of the plaintiff were offered in evidence several bonds of the city of Janesville to the Rock River Valley Union Railroad Company, with coupons or interest warrants annexed. The bonds were issued in the year 1853, for one thousand dollars each, payable in twenty years, with interest at the rate of eight per cent, per annum, payable semi-annually, at the city of New York, signed by the mayor of the city, with the seal of the city annexed, and countersigned by the…

1Opinion of the Court

MILLER, District Judge.

The clause of the eleventh section of the judiciary act, in regard to the jurisdiction of the federal courts, is this: “Nor shah any district or. circuit court have cognizance of any suit to recover the contents of any promissory note or chose in action in favor of an assignee, unless a suit might have been prosecuted in such court, to recover the said contents, if no assignment had been made, except in cases of foreign bills of exchange.” This section is restrictive of jurisdiction contemplated by the third article of the constitution' of the United States, which…

2Cases cited14 opinions

  1. Hodges v. City of BuffaloNew York Supreme Court · 1846
  2. City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
  3. Clark v. City of JanesvilleWisconsin Supreme Court · 1860
  4. Mayor of Balto. v. ReynoldsCourt of Appeals of Maryland · 1863
  5. Mayor of Baltimore v. EschbachCourt of Appeals of Maryland · 1862

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3Cited by2 opinions

  1. City of Elizabeth v. ForceSupreme Court of New Jersey · 1878
  2. Citizens National Bank v. City of CincinnatiOhio Superior Court, Cincinnati · 1909

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