Ogden City v. Armstrong
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OE THE TERRITORY OF UTAH. The original bill in this case was filed in May, 1892, in the Fourth Judicial District Court of the late Territory of Utah, against Ogden City, a municipal corporation, and its mayor and the members of its common council; and it was thereby sought to restrain the city and its officers from levying assessments upon the real estate of the plaintiffs And others similarly situated, for the purpose of paving a portion of one…
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APPEAL FROM THE SUPREME COURT OE THE TERRITORY OF UTAH. The original bill in this case was filed in May, 1892, in the Fourth Judicial District Court of the late Territory of Utah, against Ogden City, a municipal corporation, and its mayor and the members of its common council; and it was thereby sought to restrain the city and its officers from levying assessments upon the real estate of the plaintiffs And others similarly situated, for the purpose of paving a portion of one of the streets of the city. To this bill a demurrer was filed, which was sustained by the District Court, and a…
1Opinion of the CourtJustice Shibas
The first question to be determined is whether the amount in controversy is sufficient to give us jurisdiction of the appeal.
Although ho motion was made to dismiss the appeal, it was .suggested at the argument that, as it was not competent to make up the sum necessary to give this court jurisdiction by uniting the several sums for which each taxpayer was liable, this was such a case, and- that therefore we should dismiss the appeal.
Undoubtedly, it is the well-settled rule of this court that, in a suit in equity brought in the Circuit Court by two or more persons on several and distinct…
2Cases cited8 opinions
- Dows v. City of ChicagoSupreme Court of the United States · 1871
- Gibson v. ShufeldtSupreme Court of the United States · 1887
- Hannewinkle v. GeorgetownSupreme Court of the United States · 1873
- Union Pacific Railway Co. v. CheyenneSupreme Court of the United States · 1885
- Haws v. Victoria Copper Mining Co.Supreme Court of the United States · 1895
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3Cited by106 opinions
- Shaffer v. CarterSupreme Court of the United States · 1920
- Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1909
- Di Giovanni v. Camden Fire InsuranceSupreme Court of the United States · 1935
- Weinberger v. Board of Public InstructionSupreme Court of Florida · 1927
- Taylor v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1898
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