Schunk v. Moline, Milburn & Stoddart Co.
Supreme Court of the United States
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.
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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
- McLish v. RoffSupreme Court of the United States · 1891
- Gaines v. FuentesSupreme Court of the United States · 1876
- Hilton v. DickinsonSupreme Court of the United States · 1883
- Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1885
- Upton v. McLaughlinSupreme Court of the United States · 1882
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- Smithers v. SmithSupreme Court of the United States · 1907
- The ResoluteSupreme Court of the United States · 1897
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