Ellis v. Norton
United States Circuit Court
On Motion to Remand to State Coart. The suit is one brought by the plaintiff, in the district court of Fannin county, against the defendant, as marshal of the northern district of Texas, for trespass in seizing (under certain writs of attachment issued from the United States circuit court of said district against one A. P. Ryan) a lot of goods belonging to plaintiff.
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On Motion to Remand to State Coart. The suit is one brought by the plaintiff, in the district court of Fannin county, against the defendant, as marshal of the northern district of Texas, for trespass in seizing (under certain writs of attachment issued from the United States circuit court of said district against one A. P. Ryan) a lot of goods belonging to plaintiff. The petition sets forth the alleged wrongful acts of the marshal in detail, specifically alleging that the actual wrongs wero committed by one Clark, who was, and was acting as, a deputy of said Norton, marshal. The answer of the…
1Opinion of the CourtPaedee, J.
The question presented by the motion to remand is whether the case arises under the laws of the United States. If it does so arise, then the cause was properly removed to this court. “Cases arising under the laws of the United States are such as grow out of the legislation of congress, whether they constitute the right or privilege or claim or protection or defense of the party in whole or in part by whom they are asserted.” A part of the plaintiff’s case, in this action is to make Norton, marshal, liable for the acts of his deputy, Clark. If Norton is liable, such liability arises under the…
2Cases cited2 opinions
- Buck v. ColbathSupreme Court of the United States · 1866
- Houser v. ClaytonU.S. Circuit Court for the District of Eastern Texas · 1878
3Cited by5 opinions
- Allen v. ClarkDistrict Court, S.D. California · 1938
- Hurst v. CobbDistrict Court, N.D. Texas · 1894
- W. G. Coyle & Co. v. SternCourt of Appeals for the First Circuit · 1912
- Huff v. Union Nat. Bank of OaklandU.S. Circuit Court for the District of Northern California · 1909
- Jungemann v. Dept of State LouisianaDistrict Court, W.D. Louisiana · 2023