Allen-West Commission Co. v. Brashear
U.S. Circuit Court for the District of Eastern Arkansas
Bill by the Allen-West Commission Company against W. M. Brash-ear and others. On demurrer to the jurisdiction. This is a bill brought to foreclose a deed of trust in the nature of a‘mortgage executed to the defendants' F. H. Phillips and R. W. Irvin, as trustees, ,by two of the eodefendants for the purpose of securing the payment of certain indebtedness due to a number of creditors of the mortgagors, one of whom is the commission company, which is the sole complainant in…
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Bill by the Allen-West Commission Company against W. M. Brash-ear and others. On demurrer to the jurisdiction. This is a bill brought to foreclose a deed of trust in the nature of a‘mortgage executed to the defendants' F. H. Phillips and R. W. Irvin, as trustees, ,by two of the eodefendants for the purpose of securing the payment of certain indebtedness due to a number of creditors of the mortgagors, one of whom is the commission company, which is the sole complainant in this action. The bill alleges that complainant is a corporation created by and existing under the laws of the state of…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). As the parties are arranged in the bill of complaint, the diversity of citizenship necessary to confer jurisdiction on this court exists; the com"plainant- being a corporation created by and existing under the laws of the state of Missouri, and all the defendants citizens of the state of Arkansas. But it is now well settled by an unbroken line of decisions that, for the purpose of determining the jurisdiction of a national court when it is invoked upon the ground of diversity of citizenship, it is the duty of the court to look beyond the pleadings and…
2Cases cited24 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Pacific Railroad v. KetchumSupreme Court of the United States · 1880
- City of Dawson v. Columbia Avenue Saving Fund, Safe Deposit, Title & Trust Co.Supreme Court of the United States · 1905
- Coal Co. v. BlatchfordSupreme Court of the United States · 1871
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3Cited by6 opinions
- Indianapolis v. Chase Nat. BankSupreme Court of the United States · 1941
- City of Indianapolis v. Chase National BankSupreme Court of the United States · 1941
- First Trust & Savings Bank v. Iowa-Wisconsin Bridge Co.Court of Appeals for the Eighth Circuit · 1938
- Lindauer v. Compania Palomas De Terrenos y Ganados, Sociedad AnonimoCourt of Appeals for the Eighth Circuit · 1917
- Smith v. BellCourt of Appeals for the Eighth Circuit · 1914
1 more not listed; retrieve them via the Exa API.