Tucker v. Herbert
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Kentucky. Petition by Marc Huhbert, for the use and benefit .of Lewis Ap-person, against E. N. Tucker and others, for a mandamus. From an order granting the writ, defendants bring error.
1Opinion of the Court
WARRINGTON, Circuit Judge.
[1,2] This is an ancillary proceeding in mandamus to enforce payment of a judgment for $2,963.99. The judgment was recovered in the court below, April 10, 1899, in a suit brought by Marc Hubbert against the county of Taylor, Ky. The jurisdiction of the court below was challenged by special demurrer to the petition for mandamus and later by answer after the demurrer was overruled. One ground stated in the answer is that the controversy is between citizens of the same state, and a demurrer to the answer,was sustained. Although assignments of error appear in the record,…
2Cases cited26 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Chicago & Grand Trunk Railway Co. v. WellmanSupreme Court of the United States · 1892
- Blake v. McClungSupreme Court of the United States · 1898
- Mutual Reserve Fund Life Assn. v. PhelpsSupreme Court of the United States · 1903
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3Cited by5 opinions
- State Ex Rel. State Land Board v. BlakeUtah Supreme Court · 1933
- City of Wheeling v. John F. Casey Co.Court of Appeals for the Fourth Circuit · 1937
- Graham v. QuinlanCourt of Appeals for the Sixth Circuit · 1913
- KRAMER v. STATE Ex MOOREOhio Court of Appeals · 1933
- Hendrickson v. AppersonCourt of Appeals for the Sixth Circuit · 1916