Legal Opinion

Compton v. Jesup

Court of Appeals for the Sixth Circuit

Decided April 2, 1895No. 84PublishedCited by 79 opinions

Appeal from the Circuit Court of Hie United Htates for the Western Division of the Northern District of Ohio. This was a suit by James R. Jesup and Edward H. Dixon against the Wabash, St. Louis & Pacific Railway Comxiany and others for the foreclosure of a mortgage. Janies Compton was made a party,, to determine his rights under a lien asserted by him to part of the mortgaged property', and ax>pealed from so muclf of the final decree as fixed his rights.

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Appeal from the Circuit Court of Hie United Htates for the Western Division of the Northern District of Ohio. This was a suit by James R. Jesup and Edward H. Dixon against the Wabash, St. Louis & Pacific Railway Comxiany and others for the foreclosure of a mortgage. Janies Compton was made a party,, to determine his rights under a lien asserted by him to part of the mortgaged property', and ax>pealed from so muclf of the final decree as fixed his rights. This is an appeal from that part of a decree in a railroad mortgage foreclosure suit rendered by the circuit court of tile United States for…

1Opinion of the Court

TAFT, Circuit Judge,

after stating the case, delivered tbe opinion of the court.

The first ground pressed on us by appellant’s counsel for reversing the decree of the circuit court is that there was no jurisdiction to enter it. The contention is — First, that the circuit court had no-power to entertain and grant relief on the bill of Knox and Jesup, because the parties to it had not the necessary diverse citizenship; and, second, that no power existed to bring in Compton, because, he being a citizen of the District of Columbia, his presence as a party would destroy the necessary diversity of…

2Cases cited118 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Cromwell v. County of SacSupreme Court of the United States · 1877
  3. Barton v. BarbourSupreme Court of the United States · 1881
  4. Covell v. HeymanSupreme Court of the United States · 1884
  5. Freeman v. HoweSupreme Court of the United States · 1861

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3Cited by79 opinions

  1. Smith v. WadeSupreme Court of the United States · 1983
  2. Oklahoma v. TexasSupreme Court of the United States · 1922
  3. United States v. AcordCourt of Appeals for the Tenth Circuit · 1954
  4. Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
  5. Lumley v. Wabash R.Court of Appeals for the Sixth Circuit · 1896

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