Waite v. O'Neil
U.S. Circuit Court for the District of Western Tennessee
This was a bill by Charlotte H. Waite and others against J. N. O’Neil and others for a specific performance of the covenants of a lease, and for other relief. The plaintiff, for herself, and as guardian for her children, executed to the defendants O’Neil & Co. a lease in the following words: “LEASE.
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This was a bill by Charlotte H. Waite and others against J. N. O’Neil and others for a specific performance of the covenants of a lease, and for other relief. The plaintiff, for herself, and as guardian for her children, executed to the defendants O’Neil & Co. a lease in the following words: “LEASE. “Charlotte H. Waite, for herself, and as guardian of her two minor children, of the first party, and O’Neil & Co., — firm composed of J. N. O’Neil, W. W. O’Neil, S. P. Large, and I. N. Large, — of the second party, hereby enter into the following contract, viz.: The said first party, by these…
1Opinion of the CourtHammond, J.
(after stating the facts as above). The troublesome question of the jurisdiction must be resolved in favor of the plaintiff. Notwithstanding the seemingly imperative command of the statute that a court shall, of its own motion, always dismiss a case where the want of jurisdiction appears, and notwithstanding the almost universal practice of the federal courts to so dispose of a case in its last stages, even after appeal in the supreme court, when the jurisdiction is lacking, it is quite well settled that this rule pertains more particularly to that class of cases where the jurisdiction is…
2Cases cited42 opinions
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Scott v. NeelySupreme Court of the United States · 1891
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
37 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Guarantee Co. of North America v. Mechanics' Sav. Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
- Pankey v. OrtizNew Mexico Supreme Court · 1921
- Waite v. O'NeilCourt of Appeals for the Sixth Circuit · 1896
- Kinsman v. Utah Gas & Coke Co.Utah Supreme Court · 1918
6 more not listed; retrieve them via the Exa API.