United States ex rel. Strait v. United States Fidelity & Guaranty Co.
Supreme Court of Vermont
Debt on a contractor’s bond given in conformity to the Act of Congress of August 13, 1904. Heard on demurrer to defendant’s plea to the jurisdiction at the March Term, 1906, Chittenden County, Miles, J., presiding. Demurrer sustained. Plea adjudged insufficient. The defendant excepted. Cause passed to the Supreme Court before final judgment. The opinion states the material part of the plea. The real plaintiff is the beneficiary, a resident of New York.
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Debt on a contractor’s bond given in conformity to the Act of Congress of August 13, 1904. Heard on demurrer to defendant’s plea to the jurisdiction at the March Term, 1906, Chittenden County, Miles, J., presiding. Demurrer sustained. Plea adjudged insufficient. The defendant excepted. Cause passed to the Supreme Court before final judgment. The opinion states the material part of the plea. The real plaintiff is the beneficiary, a resident of New York. The United States is a mere nominal party and, therefore, can give no jurisdictional rights. TJ. S. v. Sheridan, 119 Fed. 236; TJ. S. v.…
1Opinion of the CourtWatson, J.
This case is here on demurrer to the plea to the jurisdiction, “that the supposed cause of action, and each and every of them (if any such have accrued to said plaintiff) *87accrued * * * out of the jurisdiction of this court, that is to say, in the State of Maryland, in the State of New York, and in the jurisdiction of the United States Courts, and not in this jurisdiction * * This plea is dilatory in character and will be considered ' accordingly. The declaration is not made a part of the plea, hence not before us in that way. It is a well understood principle of pleading that a plea in…
2Cases cited47 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Calder v. BullSupreme Court of the United States · 1798
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Knox v. LeeSupreme Court of the United States · 1871
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3Cited by9 opinions
- Town of Sandgate v. ColehamerSupreme Court of Vermont · 1990
- Curran v. MarcilleSupreme Court of Vermont · 1989
- Town of Hartland v. Damon's EstateSupreme Court of Vermont · 1931
- Carpenter v. Vermont Department of Motor VehiclesSupreme Court of Vermont · 1983
- Northwood AMC Corp. v. American Motors Corp.Supreme Court of Vermont · 1980
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