New Chester Water Co. v. Holly Manuf'g Co.
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. In Equity. Bill to establish and enforce a lien on certain pumping engines for the purchase price thereof. Decree for complainants. 48 Eed. Rep. 879. Defendants appeal.
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Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. In Equity. Bill to establish and enforce a lien on certain pumping engines for the purchase price thereof. Decree for complainants. 48 Eed. Rep. 879. Defendants appeal. Statement by WALES, District Judge: This was a suit in equity, brought in the United States circuit court for the eastern district of Pennsylvania by the Holly Manufacturing Company, a corporation organized under the laws of the state of New'.York, and a citizen of that state, against the New Chester Water Company and the South Chester…
1Opinion of the Court
WALES, District Judge,
(after stating the facts.)
OH THE QUESTION OF JURISDICTION.
¡r Bullock & Go. had been made parties defendant, as suggested by í.Ííh demurrer to the bill, ibe jurisdiction of the circuit court would i::* o been ousted, because the individual members of that firm were *26citizens of the same state with, the Holly Company. But, as there was no subject or matter of controversy existing between the Holly Company and Bullock & Co., there was no necessity for making the 'firm' defendants, and they were therefore made coplaintiffs only for the purpose, as stated in the amendment to…
2Cases cited11 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Harkness v. RussellSupreme Court of the United States · 1886
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- Kerr v. WattsSupreme Court of the United States · 1821
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