Gates v. Bucki
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of tiie United States for the Eastern District of Arkansas. In Equity. Suit by Charles L. Bueki against Victor Meyer and others to foreclose a mortgage upon realty, to which Ferdinand Gales was made a party defendant by amendment of the bill averring that he claimed a lien upon the mortgaged realty by an attachment thereof in proceedings by Mm in the state court.
Read the full summary
Appeal from the Circuit Court of tiie United States for the Eastern District of Arkansas. In Equity. Suit by Charles L. Bueki against Victor Meyer and others to foreclose a mortgage upon realty, to which Ferdinand Gales was made a party defendant by amendment of the bill averring that he claimed a lien upon the mortgaged realty by an attachment thereof in proceedings by Mm in the state court. Thereafter an interlocutory injunction was granted by the circuit court restraining said Gates from applying io tiie state court for an injunction against the prosecution of the foreclosure suit by…
1Opinion of the Court
SHIRAS, District Judge,
(after stating the facts.) By the first error assigned it is inf,ended to present the jurisdictional! question, whether, under the provisions of the act of congress of August 13,1888, read in connection with section 8 of the act of March 3,1875, *964a suit to foreclose a mortgage on realty can be brought in the federal court of the district wherein the land is situated, if neither party to the suit is a resident of that district, but if they are in fact citizens of different states. As we construe the record submitted to us, this question is not involved in the present…
2Cases cited16 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Watson v. JonesSupreme Court of the United States · 1872
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Covell v. HeymanSupreme Court of the United States · 1884
- Peck v. JennessSupreme Court of the United States · 1849
11 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
- Standley v. RobertsCourt of Appeals for the Eighth Circuit · 1894
49 more not listed; retrieve them via the Exa API.