Legal Opinion

California Bank v. Kennedy

Supreme Court of the United States

Decided May 24, 1897No. 206PublishedCited by 204 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This action was commenced, in the Superior Court of the county of San Diego, State of California, against the California Savings Bank, and other defendants, including the plaintiff in error.

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ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This action was commenced, in the Superior Court of the county of San Diego, State of California, against the California Savings Bank, and other defendants, including the plaintiff in error. In each of five counts of an amended petition a separate cause of action was stated, seeking a judgment against the savings bank for the amount of a particular deposit of money alleged to have been made with it on a specified date, and a recovery was asked against the other defendants upon the ground that they were stockholders-in the savings bank on…

1Opinion of the CourtJustice White

Before discussing the merits, we will briefly consider and dispose of a suggestion that no Federal question appears by the record to have been properly raised below, and, therefore, there is a want of jurisdiction in this court to review the judgment. The answer averred that if any stock of the savings bank appeared to have been issued to the national bank, it was “issued without authority of this corporation defendant, and without authority of law.” In view of the fact that the defendant was a national bank, deriving its powers from the statutes of the United States, the averment that a…

2Cases cited16 opinions

  1. Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
  2. National Bank v. MatthewsSupreme Court of the United States · 1879
  3. Thomas v. Railroad Co.Supreme Court of the United States · 1880
  4. Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
  5. National Bank v. WhitneySupreme Court of the United States · 1881

11 more not listed; retrieve them via the Exa API.

3Cited by204 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
  2. First National Bank in St. Louis v. MissouriSupreme Court of the United States · 1924
  3. Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
  4. Texas & Pacific Railway Co. v. PottorffSupreme Court of the United States · 1934
  5. Golden v. CervenkaIllinois Supreme Court · 1917

199 more not listed; retrieve them via the Exa API.

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