Legal Opinion

Feibelman v. Packard

Supreme Court of the United States

Decided December 3, 1883No. 103PublishedCited by 57 opinions

IN ERROR TO THE CIRCUIT COURT OP THE UNITED STATES POR THE DISTRICT OP LOUISIANA. Suit against a United States marshal and his sureties on his.-, official bond to recover fpr an alleged illegal seizure of goods.' The action Avas originally brought by. Nathan Feibelman, since deceased, and revived by Ms administrator, the plaintiff in error, by petition filed April 24th, 1873, in the .Fourth District Court for the Parish of Orleans, in the State of Louisiana.

Read the full summary

IN ERROR TO THE CIRCUIT COURT OP THE UNITED STATES POR THE DISTRICT OP LOUISIANA. Suit against a United States marshal and his sureties on his.-, official bond to recover fpr an alleged illegal seizure of goods.' The action Avas originally brought by. Nathan Feibelman, since deceased, and revived by Ms administrator, the plaintiff in error, by petition filed April 24th, 1873, in the .Fourth District Court for the Parish of Orleans, in the State of Louisiana. Its object was to recover damages for unlawfully seizing and taking forcible, possession of a stock of merchandise alleged by the…

1Opinion of the CourtJustice Matthews

The action of the circuit court in the removal of the cause from the State court is assigned for error, and is first to be considered.

The suit was pending in the State court, but was not,at issue when the removal act of March 3d, 1875, took effect, and the right of removal is regulated by its provisions.

The ground of the removal was that the suit, being one of a civil nature at law, in which the matter in dispute, exclusive of costs, exceeded five hundred dollars in value, arose under the Constitution and laws of the United States.

It is clear that the circuit court did not err in directing…

2Cases cited5 opinions

  1. Sharpe v. DoyleSupreme Court of the United States · 1881
  2. Gwin v. BreedloveSupreme Court of the United States · 1844
  3. Hozey v. BuchananSupreme Court of the United States · 1842
  4. William M. Gwin, Late Marshal, and Jacob S. Yerger and Robert Hughes, His Sureties, in Error v. C. T. And A. Barton, in ErrorSupreme Court of the United States · 1847
  5. McKee v. RainsSupreme Court of the United States · 1870

3Cited by57 opinions

  1. Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
  2. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  3. International Ass'n of MacHinists v. Central Airlines, Inc.Supreme Court of the United States · 1963
  4. Bryan v. BernheimerSupreme Court of the United States · 1901
  5. McNulta v. LochridgeSupreme Court of the United States · 1891

52 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