Legal Opinion

Indiana Ex Rel. Stanton v. Glover

Supreme Court of the United States

Decided January 7, 1895No. 57PublishedCited by 12 opinions

ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE DISTRICT OE INDIANA. This ivas an action brought in the name of the State of Indiana on the relation of Walter Stanton, trustee, a citizen of New York, against Arista Glover and four other defendants, citizens of Indiana, on the official bond of said Glover as trust’*» of Mill Creek township, in the county of Fountain, State of Indiana, the other defendants being sureties on said bond.

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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE DISTRICT OE INDIANA. This ivas an action brought in the name of the State of Indiana on the relation of Walter Stanton, trustee, a citizen of New York, against Arista Glover and four other defendants, citizens of Indiana, on the official bond of said Glover as trust’*» of Mill Creek township, in the county of Fountain, State of Indiana, the other defendants being sureties on said bond. The complaint was demurred to on the ground's that it did not state facts sufficient to constitute a cause of action and that the court had no…

1Opinion of the CourtChief Justice Fuller

The case must be treated, so far as the jurisdiction of the Circuit Court is concerned, as though Stanton was alone named as plaintiff. Maryland v. Baldwin, 112 U. S. 490. ■If the suit could be regarded as founded on the certificates attached to the complaint, there would be a want of jurisdiction, as it does not appear that Pollard could have prosecuted 'the suit in the Circuit Court, Rev. Stat. § 629; Act of March 3, 1875, c. 137, 18 Stat. 470; Act of March 3, 1887, c. 373, 24 Stat. 552, 553; but as the suit is upon the bond, and Stanton and his' cestuis - que trust were citizens of other…

2Cases cited2 opinions

  1. State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
  2. Merrill v. MonticelloSupreme Court of the United States · 1891

3Cited by12 opinions

  1. State v. StormsSupreme Court of Iowa · 1901
  2. State ex rel. Cunningham v. JackU.S. Circuit Court for the District of South Carolina · 1902
  3. Louden Machinery Co. v. American Malleable Iron Co.U.S. Circuit Court for the Southern District of Iowa · 1904
  4. Cincinnati, H. & D. R. v. ThiebaudCourt of Appeals for the Sixth Circuit · 1900
  5. State v. Mundet Cork Corp.New Jersey Court of Chancery · 1939

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