Rumbarger v. Yokum
U.S. Circuit Court for the District of Northern West Virginia
In Equity. Suit by Robert R. Rumbarger against Humbolt Yokum and others. On demurrer to bill. Rumbarger files his bill against Yokum, Strader, Greynólds, trustee, Cobb, trustee, Sincell, trustee, and Ada A. Y. Halterman, in which, after charging diversity of citizenship and the amount in controversy to exceed $2,000, he alleges that he was the owner of two tracts of land in Randolph county, W. Va., the one within the corporate limits of the city of Elkins, subdivided into 00…
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In Equity. Suit by Robert R. Rumbarger against Humbolt Yokum and others. On demurrer to bill. Rumbarger files his bill against Yokum, Strader, Greynólds, trustee, Cobb, trustee, Sincell, trustee, and Ada A. Y. Halterman, in which, after charging diversity of citizenship and the amount in controversy to exceed $2,000, he alleges that he was the owner of two tracts of land in Randolph county, W. Va., the one within the corporate limits of the city of Elkins, subdivided into 00 lots, the other a farm of about 600 acres within two miles of Elkins; that the 50 lots were worth more than $18,000,…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). The main contention made by able counsel who has argued in behalf of this demurrer is that plaintiff lias a plain, adequate, and complete remedy at law. While admitting that this bill would lie in the state courts of West Virginia, by virtue of the decisions of its courts construing the usury laws of the state (sections 3429 , 3430 , 3431, and 3432, Code W. Va. 1906), he insists that it cannot be maintained in a federal court, because of the express prohibition of Act Cong. Sept. 24, 1789, c. 20, 1 Stat. 82 (section 723, Rev. St.; U. S. Comp. St. 4901, p.…
2Cases cited13 opinions
- Ex Parte TerrySupreme Court of the United States · 1888
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1888
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3Cited by8 opinions
- Bullard v. ZimmermanMontana Supreme Court · 1928
- Fredenberg v. WhitneyDistrict Court, W.D. Washington · 1917
- Illinois Central Railroad v. Mississippi Public Service CommissionDistrict Court, S.D. Mississippi · 1955
- Dotson v. KirkCourt of Appeals for the Fourth Circuit · 1910
- Howard v. National Telephone Co.U.S. Circuit Court for the District of Northern West Virginia · 1910
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