Legal Opinion

Welsh v. American Surety Co. Of New York

Court of Appeals for the Fifth Circuit

Decided January 17, 1951No. 13265_1PublishedCited by 32 opinions

1Opinion of the Court

BORAH, Circuit Judge.

Steve Welsh sued V. O. Earnest, sheriff of Crockett County, Texas, and American Surety Company of New York, surety on the sheriff’s official bond, to recover damages for personal injuries inflicted on Welsh during the course of and following his arrest. The action was dismissed on defendants’ motion and plaintiff has appealed.

The only question here is whether the District Court had jurisdiction to hear and determine the complaint. Plaintiff relied upon diversity of citizenship and the requisite amount in controversy as the basis of jurisdiction. The narrow and specific…

2Cases cited4 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Mitchell v. United StatesSupreme Court of the United States · 1875
  3. Sun Printing and Publishing Assn. v. EdwardsSupreme Court of the United States · 1904
  4. Town of Lantana, Fla. v. HopperCourt of Appeals for the Fifth Circuit · 1939

3Cited by32 opinions

  1. Mas v. PerryCourt of Appeals for the Fifth Circuit · 1974
  2. Preston v. Tenet Healthsystem Memorial Medical Center, Inc.Court of Appeals for the Fifth Circuit · 2007
  3. Irene A. Janzen, Administratrix of the Estate of Waldo R. Janzen, Deceased v. Wilber W. Goos and Ivan GottulaCourt of Appeals for the Eighth Circuit · 1962
  4. Rosemound Sand and Gravel Company v. Lambert Sand and Gravel CompanyCourt of Appeals for the Fifth Circuit · 1972
  5. Andre Hendry v. Masonite Corporation and Robert E. Paul, Vander E. Lee v. Masonite Corporation and Robert E. PaulCourt of Appeals for the Fifth Circuit · 1972

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