Legal Opinion

Smithers v. Smith

Supreme Court of the United States

Decided February 25, 1907No. 138PublishedCited by 85 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. The plaintiff in error, a citizen of New York, brought in the Circuit Court for the Northern'District of Texas, a petition to try the title to 1,280 acres of land, against ten defendants,, citizens either of Texas, Kentucky of Illinois. Six of the defendants were warrantors of the plaintiff’s title, and questions arising as to them are not material here.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. The plaintiff in error, a citizen of New York, brought in the Circuit Court for the Northern'District of Texas, a petition to try the title to 1,280 acres of land, against ten defendants,, citizens either of Texas, Kentucky of Illinois. Six of the defendants were warrantors of the plaintiff’s title, and questions arising as to them are not material here. The.petition alleged that upon January 15, 1902, “the defendants Reagan, Smith, Greer and Deven unlawfully entered upon said premises and dispossessed…

1Opinion of the CourtJustice Moody

The plaintiff in- error brought an action in the Circuit Court for the recovery of certain land and damages for the detention thereof, basing jurisdiction upon a diversity of citizenship, which was undisputed. In such case it is essential to the jurisdiction of the Circuit Court that “the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars.” Act of March 3, 1875; c. 137, § 1, 18 Stat. 470. Amended act of August 13, 1888; c. 866, § 1, 25 Stat. 434. The action was dismissed by the authority given by section 5 of the act.of March 3, 1875, in which…

2Cases cited13 opinions

  1. Barry v. EdmundsSupreme Court of the United States · 1886
  2. Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
  3. Scott v. DonaldSupreme Court of the United States · 1897
  4. Blair v. City of ChicagoSupreme Court of the United States · 1906
  5. Wetmore v. RymerSupreme Court of the United States · 1898

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3Cited by85 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Rosado v. WymanSupreme Court of the United States · 1970
  3. Perttu v. RichardsSupreme Court of the United States · 2025
  4. Re Metropolitan Railway ReceivershipSupreme Court of the United States · 1908
  5. Alma Motor Co. v. Timken-Detroit Axle Co.Supreme Court of the United States · 1946

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