Beardsley v. Torrey
U.S. Circuit Court for the District of Pennsylvania
[At law. Ejectment by Beardsley against Seymour Spafford and David Torrey.] Rule obtained by the plaintiff to show cause why the record in this suit should not be remanded to the state court, from which it was sent to this.
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[At law. Ejectment by Beardsley against Seymour Spafford and David Torrey.] Rule obtained by the plaintiff to show cause why the record in this suit should not be remanded to the state court, from which it was sent to this. This was a writ of ejectment, brought under the act of assembly of this state, passed the 21st of March, 1806, (4 Smith, Laws, 332,) and the supplement thereto, ([13 April, 1807,] Id. 476,) by the plaintiff, against Seymour Spafford, the tenant in possession, for a tract of land in the county of Wayne. David Torrey, styling himself a citizen of Massachusetts, filed a…
1Opinion of the Court
WASHINGTON. Circuit Justice.
The principal question which arises in this case is, *1189whether this court has jurisdiction of the cause? And to enable us to decide this point, it is material to inquire -who are the parties to the suit? Originally, they were Beardsley plaintiff, and Spafford the tenant in possession, defendant. After a judgment by default against that defendant; Torrey was, upon his petition, admitted a defendant, the judgment by default was set aside, and the suit was ordered to be removed into this court, where it has been docketed as a suit between Beardsley plaintiff, and Torrey…
2Cited by10 opinions
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Cochran v. Montgomery CountySupreme Court of the United States · 1905
- Fisk v. HenarieUnited States Circuit Court · 1887
- Gordon v. GreenMassachusetts Supreme Judicial Court · 1873
- Cooke v. State National Bank of BostonNew York Supreme Court · 1870
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