Rogers v. Paving Dist. No. 1

BOOTH, Circuit Judge.

This is an appeal from an order and decree of the trial court dismissing appellant’s complaint against appellees the paving district and its commissioners on the ground that the state chancery court had first acquired jurisdiction of the matter involved.

The suit was commenced July 24, 1935, in the federal court based on the ground of diversity of citizenship.

The facts alleged in the record are somewhat as follows: Appellee, Paving

District No. 1 of Eureka Springs, Ark., was organized in 1929. On March 7, 1929, it executed $214,500 of negotiable bonds, and, to secure…