Legal Opinion

Schunk v. Moline, Milburn & Stoddart Co.

Supreme Court of the United States

Decided February 6, 1893No. 1,153PublishedCited by 71 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. On the 11th of . November, 1891, defendant in error commenced a suit against B. A. Schunk in the Circuit Court of the United States for the District of Nebraska on several notes, some of which, amounting to $530.09, were past due, while the others, amounting to $1661.01, were not then due.

Read the full summary

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. On the 11th of . November, 1891, defendant in error commenced a suit against B. A. Schunk in the Circuit Court of the United States for the District of Nebraska on several notes, some of which, amounting to $530.09, were past due, while the others, amounting to $1661.01, were not then due. The prayer of the petition was in these words: “Wherefore the plaintiff prays judgment against the said defendant for the said sum of $530.09, with interest thereon from the respective- dates of the notes which are now past due,…

1Opinion of the CourtJustice Brewer

In this case the only question that can be considered "is, under section 5 of the Court of Appeals act of March 3, 18.91, 26 Stat. 826, c. 517, that of the jurisdiction of the Circuit Court. McLish v. Roff, 141 U. S. 661.

The- errors assigned are, first, in overruling the demurrer; second, in holding that the court had jurisdiction to seize and sequester the property to secure the payment of a debt not yet due; third, in holding that it had jurisdiction to issue an attachment upon a demand not yet due; and, fourth, in allowing an attorney’s fee. Of course, the latter matter presents no…

2Cases cited5 opinions

  1. McLish v. RoffSupreme Court of the United States · 1891
  2. Gaines v. FuentesSupreme Court of the United States · 1876
  3. Hilton v. DickinsonSupreme Court of the United States · 1883
  4. Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1885
  5. Upton v. McLaughlinSupreme Court of the United States · 1882

3Cited by71 opinions

  1. Barbara D. Scherer v. The Equitable Life Assurance Society of the United StatesCourt of Appeals for the Second Circuit · 2003
  2. Venner v. Great Northern Railway Co.Supreme Court of the United States · 1908
  3. Marion F. McDonald v. C. Y. Patton, Sr., Trading and Doing Business as Patton's Gulf ServiceCourt of Appeals for the Fourth Circuit · 1957
  4. Smithers v. SmithSupreme Court of the United States · 1907
  5. The ResoluteSupreme Court of the United States · 1897

66 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API