Montgomery County v. Cochran
U.S. Circuit Court for the District of Middle Alabama
On Motion to Remand Cause to State Court. On the 21st day of January, 1902, the county of Montgomery brought suit in the city court of Montgomery against “John J. Cochran as principal, and the Fidelity & Deposit Company of Maryland, a corporation existing under the laws of the state of Maryland, as surety,” for breaches of Cochran’s official bond as county treasurer.
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On Motion to Remand Cause to State Court. On the 21st day of January, 1902, the county of Montgomery brought suit in the city court of Montgomery against “John J. Cochran as principal, and the Fidelity & Deposit Company of Maryland, a corporation existing under the laws of the state of Maryland, as surety,” for breaches of Cochran’s official bond as county treasurer. The complaint contains seven counts, alleging, in substance, that the treasurer lost the moneys of the county by placing them on general deposit with the banking house of Josiah Morris & Co., which failed. Among the moneys thus…
1Opinion of the CourtJones, District Judge
(after stating the' facts as above). The elaborate arguments of counsel have taken a wide range, but the questions to be decided may be resolved into four: (i) Whether the court, having ordered a removal of the cause ex parte at the last term, could, at that or a subsequent term, rehear the question on the merits, and, if so, whether such hearing is a matter of favor or right. (2) Whether the “prejudice or local influence” act has any application to a case where no personal charge is made against the local judge, and the parties by not demanding a jury have waived a jury trial in the local…
2Cases cited18 opinions
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Hess v. ReynoldsSupreme Court of the United States · 1885
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- Schooner Paulina's Cargo v. United StatesSupreme Court of the United States · 1812
- Lehman v. RobinsonSupreme Court of Alabama · 1877
13 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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