Evans v. Bollen
United States Circuit Court
This was qui tam action, in which the following declaration was filed: October Session, 1797. In the Circuit Court of the United States for the Pennsylvania District, of the Middle Circuit. District of Pennsylvania, ss.
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This was qui tam action, in which the following declaration was filed: October Session, 1797. In the Circuit Court of the United States for the Pennsylvania District, of the Middle Circuit. District of Pennsylvania, ss. George Bollen, late of the district of Pennsylvania, yeoman, was summoned to answer to the United States and to John Evans, who sues in this behalf, as well for the said United States as for himself, of a plea that he rendered to the said United States, and to the said John, who sues as aforesaid, the sum- of $2000, which to them he owes, and from them unjustly detains : and…
1Opinion of the Court
*The facts were proved, as stated in the declaration, but the de- pi:g44 fendants counsel made two objections to the jurisdiction of the court: *- 1st. That this was a suit under the second section, and the circuit court could not take original cognisance of a case of penalty or forfeitnre, as the judicial act expressly declared, that the district court should have “ exclusive original cognisance of all suits for forfeitures and. penalties incurred under the laws of the United States.” (1 U. S. Stat. 76, § 9.) 2d. That the offence was committed in the state of New York ; and ought to be tried…
2Cases cited2 opinions
- Ketland v. CassiusSupreme Court of the United States · 1796
- United States v. InsurgentsSupreme Court of the United States · 1795
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