McCain v. Des Moines
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA. The bill in this case is filed against the city of Des Moines, its board of public works, the Des Moines Brick Manufacturing Company, and the incorporated town of Greenwood Park, to obtain an injunction restraining, among other things, the city of Des Moines and.its officers and agents from exercising over the territory of the incorporated town of Greenwood Park any function of municipal…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA. The bill in this case is filed against the city of Des Moines, its board of public works, the Des Moines Brick Manufacturing Company, and the incorporated town of Greenwood Park, to obtain an injunction restraining, among other things, the city of Des Moines and.its officers and agents from exercising over the territory of the incorporated town of Greenwood Park any function of municipal government for the purpose of taxation or for works of internal improvements or otherwise, and for other relief. The bill…
1Opinion of the CourtJustice Peckham
The jurisdiction of the Circuit Court depends upon the act approved August 13, 1888, 25 Stat. 433, a part of which reads as follows: “That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, . . . arising under the Constitution or laws of the United States. . . .”
As it'appears upon the face of the bill that all the parties are citizens of Iowa, the Circuit Court had no jurisdiction on the ground of diverse citizenship.
Is the suit one arising under the Constitution…
2Cases cited6 opinions
- Starin v. New YorkSupreme Court of the United States · 1885
- New Orleans v. BenjaminSupreme Court of the United States · 1894
- Shreveport v. ColeSupreme Court of the United States · 1889
- State ex rel. West v. City of Des MoinesSupreme Court of Iowa · 1896
- Rumsey v. . the PeopleNew York Court of Appeals · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Swafford v. TempletonSupreme Court of the United States · 1902
- Montana Catholic Missions v. Missoula CountySupreme Court of the United States · 1906
- Harris v. RosenbergerCourt of Appeals for the Eighth Circuit · 1906
- Williams v. United StatesCourt of Appeals for the Fifth Circuit · 1950
- McCain v. City of Des MoinesSupreme Court of Iowa · 1905
26 more not listed; retrieve them via the Exa API.