Davidson Bros. Marble Co. v. United States Ex Rel. Gibson
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN -DISTRICT OF CALIFORNIA. This case comes here from the Circuit Court of the United States for the Northern District of California, on the single question of the jurisdiction of that court. The United States, on the relation of Murray Gibson, on November 20,1906, brought this action against Davidson Bros.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN -DISTRICT OF CALIFORNIA. This case comes here from the Circuit Court of the United States for the Northern District of California, on the single question of the jurisdiction of that court. The United States, on the relation of Murray Gibson, on November 20,1906, brought this action against Davidson Bros. Marble Company, a corporation organized under the laws of the State of Illinois, and therefore, for jurisdictional purposes, a citizen of that State, and Samuel A. Tolman and John A. Tolman,. citizens and residents of that…
1Opinion of the Court
Mr. Justice-Moony,
after making the foregoing statement, delivered the opinion of the court.
The decision of the court below proceeded upon the erroneous assumption that the act of-February 24, 1905, 33 Stat. 811, 9. 778, was retrospective. That act amended the act of 1894 in several important particulars, which it is not necessary to state, and provided specifically that a suit upon the bond should be brought by one furnishing labor .and materials, in the name of the United States, in the Circuit Court of the United- States in the district where the contract with the United States was to be…
2Cases cited7 opinions
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- Galveston, Harrisburg & San Antonio Railway Co. v. GonzalesSupreme Court of the United States · 1894
- In Re Keasbey & Mattison Co.Supreme Court of the United States · 1895
- United States Fidelity & Guaranty Co. v. United States Ex Rel. Struthers Wells Co.Supreme Court of the United States · 1908
- Mexican Central Railway Co. v. PinkneySupreme Court of the United States · 1893
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3Cited by43 opinions
- Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
- Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
- Republic of China v. American Express Co., Inc.Court of Appeals for the Second Circuit · 1951
- Western Life Indemnity Co. of Ill. v. RuppSupreme Court of the United States · 1914
- United States v. Congress Construction Co.Supreme Court of the United States · 1911
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