Bardley v. Rhines' Administrators
Supreme Court of the United States
Error to the Circuit Court for the Western District of Pennsylvania; the case being this: Section elevén of the Judiciary Act of 1789, which defines the jurisdiction of the Circuit Courts as regards citizenship, after declaring that no person shall be sued in any other district than that of which he is an inhabitant, or in which he shall be found at the service of the writ, adds: • “ Nor shall any District or Circuit Court have cognizance of any suit to recover the contents…
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Error to the Circuit Court for the Western District of Pennsylvania; the case being this: Section elevén of the Judiciary Act of 1789, which defines the jurisdiction of the Circuit Courts as regards citizenship, after declaring that no person shall be sued in any other district than that of which he is an inhabitant, or in which he shall be found at the service of the writ, adds: • “ Nor shall any District or Circuit Court have cognizance of any suit to recover the contents of any promissory note or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in…
1Opinion of the CourtJustice Miller
The first proposition made by the counsel for the defendant in error, and by which the ruling of the court is maintained, depends for its soundness on the construction to be given to certain statutes of Pennsylvania, and will not be examined by us if the ruling of the court is well founded as to the second proposition.
There can be no doubt that the lease sued on here is a chose in action, and the assignors are described in the instrument as residing in the same State with defendants.
Two propositions are relied on as taking this case out of the -prohibition of the statute:
1. That the plaintiff…
2Cases cited1 opinion
- Mollan v. TorranceSupreme Court of the United States · 1824
3Cited by11 opinions
- Turner, Administrator of Stanley, in Error v. The President, Directors and Company of the Bank of North AmericaSupreme Court of the United States · 1799
- Corbin v. County of Black HawkSupreme Court of the United States · 1882
- Kolze v. HoadleySupreme Court of the United States · 1906
- Utah-Nevada Co. v. De LamarCourt of Appeals for the Ninth Circuit · 1904
- Hampton v. Truckee Canal Co.United States Circuit Court · 1883
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