Delaware County Commissioners v. Diebold Safe & Lock Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. The original suit was commenced March 4, 1885, by the Diebold Safe and Lock Company, a corporation of the State of Ohio, against the board of commissioners of Delaware County in the State of Indiana, by a claim in the form of a complaint, filed with the county auditor and by him presented to the board of county commissioners, in accordance with the provisions.of the Revised Statutes of Indiana of…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. The original suit was commenced March 4, 1885, by the Diebold Safe and Lock Company, a corporation of the State of Ohio, against the board of commissioners of Delaware County in the State of Indiana, by a claim in the form of a complaint, filed with the county auditor and by him presented to the board of county commissioners, in accordance with the provisions.of the Revised Statutes of Indiana of 1881, (which are copied in the margin,1) and containing the following allegations: That on January 20, 1882, the board of…
1Opinion of the CourtJustice Gray
Before proceeding to consider the merits of this case, it is necessary to dispose of the objections taken to the jurisdiction assumed by the Circuit Court.of the United States.
1. It was contended that that court had not cognizance of the suit, because the plaintiff’s assignors could not have prosecuted it, inasmuch as one of them was a citizen of the same State as the defendant. But that restriction was applicable Only to suits commenced in the federal court, and did not extend to suits removed into it from a state court. Act of March 8, 1875, c. 137, '§§ 1, 2, 18 Stat. 470; Claflin v.…
2Cases cited17 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Hess v. ReynoldsSupreme Court of the United States · 1885
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3Cited by129 opinions
- United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- Chicot County v. SherwoodSupreme Court of the United States · 1893
- Mexican Central Railway Co. v. PinkneySupreme Court of the United States · 1893
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