New Orleans Nat. Bank v. Merchant
U.S. Circuit Court for the District of Eastern Louisiana
On Motions to Remand and to Dissolve the Injunction. This suit was instituted in the civil district court of the parish of Orleans, on a petition, verified by affidavit, setting forth, in substance, that the complainant is chartered and carrying on a large banking business under the national-banking laws of the United States, and has important connections with other banking institutions and persons throughout the United States, with whom it is necessary to maintain…
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On Motions to Remand and to Dissolve the Injunction. This suit was instituted in the civil district court of the parish of Orleans, on a petition, verified by affidavit, setting forth, in substance, that the complainant is chartered and carrying on a large banking business under the national-banking laws of the United States, and has important connections with other banking institutions and persons throughout the United States, with whom it is necessary to maintain communication, which can only be done through the United States mail; that a large part of its business consists in sending to…
1Opinion of the CourtPardee, J.
Naturally the first question to be passed upon is motion to remand to the state court. That the suit is one of a civil nature in equity, where the matter in dispute exceeds, exclusive of costs, the value of $500, and arises under the laws of the United States, is not disputed. That the suit thus comes directly under the provisions of the second section of the act of congress, approved March 3, 1875, is sought to be avoided by the argument that as congress, by section 3833, Eev. St., has authorized the institution and prosecution of all causes of action arising under the postal laws, before…
2Cases cited7 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. SchurzSupreme Court of the United States · 1880
- Supervisors v. United StatesSupreme Court of the United States · 1867
- Kendall v. StokesSupreme Court of the United States · 1845
- Gaines v. ThompsonSupreme Court of the United States · 1869
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3Cited by4 opinions
- Enterprise Sav. Ass'n v. ZumsteinCourt of Appeals for the Sixth Circuit · 1895
- Bryant Bros. v. RobinsonCourt of Appeals for the Fifth Circuit · 1906
- Hoover v. McChesneyU.S. Circuit Court for the District of Kentucky · 1897
- Lewis Pub. Co. v. WymanU.S. Circuit Court for the District of Eastern Missouri · 1907