New Orleans v. Benjamin
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This is a certificate from the United States Circuit Court of Appeals for the Fifth Circuit, under section six of the Judiciary Act of March 3, 1891, the statement and questions of law so certified being as follows: “ The complainant, an alien, filed his bill of complaint in the Circuit Court against the city of New Orleans and other municipal corporations, citizens of the State of Louisiana, alleging,…
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This is a certificate from the United States Circuit Court of Appeals for the Fifth Circuit, under section six of the Judiciary Act of March 3, 1891, the statement and questions of law so certified being as follows: “ The complainant, an alien, filed his bill of complaint in the Circuit Court against the city of New Orleans and other municipal corporations, citizens of the State of Louisiana, alleging, among other things, as follows, viz.: '“That by an act of the legislature of Louisiana (No. 74) approved September 14, 1868,…
1Opinion of the CourtChief Justice Fullee
The first and third questions propounded relate to the jurisdiction of the Circuit Court, which was invoked on two grounds: (1) that the case was one arising under the Constitution of the United States; and - (2) on diverse' citizenship.
1. When a suit does not really and substantially involve a dispute or controversy as to • the effect or construction of the Constitution, upon the determination of which the result depends, then it is not a suit arising under the Constitution. Shreveport v. Cole, 129 U. S. 36; Starin v. New York, 115 U. S. 248, 257; Gold Washing and Water Co. v. Keyes, 96 U.…
2Cases cited16 opinions
- Sheldon v. SillSupreme Court of the United States · 1850
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- Starin v. New YorkSupreme Court of the United States · 1885
- Broughton v. PensacolaSupreme Court of the United States · 1876
11 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- State v. RichmondArizona Supreme Court · 1976
- Doucette v. VincentCourt of Appeals for the First Circuit · 1952
- Defiance Water Co. v. DefianceSupreme Court of the United States · 1903
- City and County of Denver v. New York Trust Co.Supreme Court of the United States · 1913
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