Legal Opinion

State Ex Rel. Markley v. Baldwin

Supreme Court of the United States

Decided December 15, 1884PublishedCited by 143 opinions

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND. This was a suit on an administrator’s bond taken in the name of the State of Maryland for the benefit of the parties interested. It was commenced in a State court of' Maryland, against citizens of Maryland, and was removed to the Circuit Court of the United States on the ground that the real party in interest was a citizen of New Jersey.

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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND. This was a suit on an administrator’s bond taken in the name of the State of Maryland for the benefit of the parties interested. It was commenced in a State court of' Maryland, against citizens of Maryland, and was removed to the Circuit Court of the United States on the ground that the real party in interest was a citizen of New Jersey. The facts raising the questions of jurisdiction, and the questions on the merits, are all fully stated in the opinion of the court.

1Opinion of the CourtJustice Field

This is an action, brought for the use of Markley, a citizen of. New Jersey, upon the bond of the administrators of the estate of Daniel Lord, deceased, who died intestate in 1866, in Cecil County, Maryland, of which State he ivas at the time a. citizen, and in which, he owned real and personal property. It was commenced in the Circuit Court of that county. The defendants are citizens of Maryland.

Markley filed his affidavit setting forth his citizenship and that of the defendants, and that he had reason to believe and-did believe that, from prejudice and local influence, he would not be able…

2Cases cited2 opinions

  1. McNutt Ex Rel. Leggett, Smith, & Lawrence v. BlandSupreme Court of the United States · 1844
  2. Browne v. StrodeSupreme Court of the United States · 1809

3Cited by143 opinions

  1. Harris County v. SmithTexas Supreme Court · 2002
  2. Hurley v. Atlantic City Police DepartmentCourt of Appeals for the Third Circuit · 1999
  3. Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
  4. Sunkist Growers, Inc. v. Winckler & Smith Citrus Products Co.Supreme Court of the United States · 1962
  5. United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886

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