Legal Opinion

Dennistoun v. Draper

U.S. Circuit Court for the District of Southern New York

Decided July 14, 1866PublishedCited by 11 opinions

This was an action of replevin, originally brought in the supreme court of New York to recover the possession of sundry bales of cotton. Tbe defendapt [Simeon Draper] removed the case into this court, and the plaintiffs [Alexander Dennistoun and others] now moved to quash the writ of certiorari issued by this court in the case, and to remand the case back to tbe state court.

1Opinion of the Court

NELSON, Circuit Justice.

The 3d section of the act of March 2, 1833 (4 Stat 6321, provides, that the jurisdiction of the circuit courts of the United States shall extend to all cases, in law and equity, arising under the revenue laws of the United States, &c.: and the 3d section provides, that, in any case where a suit shall be brought in a state court, against any officer, or other person, for or on account of any act done under the revenue laws of the United States, or under color thereof, or for or on account of any right, authority, or title, set up or claimed by such officer, or other…

2Cited by11 opinions

  1. Whelan v. New York, L. E. & W. R. Co.United States Circuit Court · 1888
  2. Maguire v. Pan-American Amusement Co.Massachusetts Supreme Judicial Court · 1910
  3. In re BrosnahanU.S. Circuit Court for the District of Western Missouri · 1883
  4. State of Virginia v. FeltsU.S. Circuit Court for the District of Western Virginia · 1904
  5. Eaton v. CalhounDistrict Court, W.D. Tennessee · 1880

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