Files v. Davis
U.S. Circuit Court for the District of Eastern Arkansas
At Daw. On demurrer to the jurisdiction. George Scott, a citizen of Missouri, instituted in this court an action at law against A. P. Simms, W. F. Files, and the plaintiff in this ease, J. T. Files, to recover money alleged to be due him from these parties, whom he charged to be partners.
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At Daw. On demurrer to the jurisdiction. George Scott, a citizen of Missouri, instituted in this court an action at law against A. P. Simms, W. F. Files, and the plaintiff in this ease, J. T. Files, to recover money alleged to be due him from these parties, whom he charged to be partners. At the commencement of that suit he procured the issuance of a writ of attachment against the property of all the defendants, having filed the necessary affidavit and the bond as required by law, with William Farrell, who has since died intestate and the administrator of whose estate the defendant Davis is,…
1Opinion of the Court
TRIEBER, District Judge.
There being no diversity of citizenship alleged in the complaint, the jurisdiction of this court can only be maintained upon the ground that the issues involve a federal question, or that this action is merely ancillary to the original attachment suit.
i. Does an action on an attachment bond executed in a suit pending in a national court present a federal question, within the meaning of *466the judiciary act? Section. 6 of the act of congress of June I, 1872 (17 Stat. 197; section 915, Rev. St. U. S.),1 is as follows:
“In common-law causes in the circuit and district courts…
2Cases cited41 opinions
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex Parte YarbroughSupreme Court of the United States · 1884
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Caha v. United StatesSupreme Court of the United States · 1894
- In Re CoySupreme Court of the United States · 1888
36 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Joy v. City of St. LouisU.S. Circuit Court for the District of Eastern Missouri · 1903
- Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1922
- St. Louis, I. M. & S. Ry. Co. v. BellamyDistrict Court, E.D. Arkansas · 1914
- Thompson v. Standard Oil Co. of New JerseyDistrict Court, E.D. South Carolina · 1931
- National Surety Co. v. FletcherSupreme Court of Alabama · 1914
3 more not listed; retrieve them via the Exa API.