Interior Construction & Improvement Co. v. Gibney
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. This was au action, at law, brought Juüe 9, 1890, in the Circuit .Court of the United States for the District of Indiana, by the Interior Construction and Improvement Company against John C. Gibney and Harvey Bartley, copartners under the name of J. C. Gibney and Company, and James B, McElwaine and James B. Wheeler, upon a bond, by which “ J. C. Gibney & Co., as principals, and J. B. McElwaine and…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. This was au action, at law, brought Juüe 9, 1890, in the Circuit .Court of the United States for the District of Indiana, by the Interior Construction and Improvement Company against John C. Gibney and Harvey Bartley, copartners under the name of J. C. Gibney and Company, and James B, McElwaine and James B. Wheeler, upon a bond, by which “ J. C. Gibney & Co., as principals, and J. B. McElwaine and J. B. Wheeler, as sureties, are holden and firmly bound,”' jointly and severally, to the plaintiff, in the sum of…
1Opinion of the Court
. Me. Justice Geay,
after stating the case, delivered the opinion of the court.
The record shows that the only matter tried and decided in the Circuit Court was a demurrer to the plea to the juris-' diction; and the petition, upon which the writ of error was allowed, asked only for the review of the judgment that the court had no jurisdiction of the action. The question of jurisdiction alone is thus sufficiently certified to this court, as required by the act of March 3, 1891, c. 517, § 5. 26 Stat. 828; In re Lehiqh Co., 156 U. S. 322; Shields v. Coleman, 157 U. S. 168.
The act of March 3, 1887,…
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