Laws v. Fleming
District Court, N.D. West Virginia
Suit by William M. Laws against Thomas W. Fleming and another. William M. Laws, alleging himself to be a citizen of New Jersey, has filed his bill against the defendants Thomas W. and Allison S. Fleming, charging: That in October, 3908, lie was the owner of a majority of the capital stock and bonds of tile Fairmont & IVXannington Railroad Company, a West Virginia corporation, operating an electric railway between the cities of Fairmont and Mannington, in Marion county, W.…
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Suit by William M. Laws against Thomas W. Fleming and another. William M. Laws, alleging himself to be a citizen of New Jersey, has filed his bill against the defendants Thomas W. and Allison S. Fleming, charging: That in October, 3908, lie was the owner of a majority of the capital stock and bonds of tile Fairmont & IVXannington Railroad Company, a West Virginia corporation, operating an electric railway between the cities of Fairmont and Mannington, in Marion county, W. Va., and was engaged in the financing and construction of the road. That defendant Thomas W. Fleming was at the time a…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). The controversy here resolves itself into three questions: First. Was plaintiff, Raws, at the time of the institution of this suit in fact a citizen of West Virginia, and not of the state of New Jersey? Second. Has this federal court of equity jurisdiction to determine this matter *453of usury charged by the bill, or was the remedy at law? Third. Were the transactions set forth in fact usurious ?
The first question arises upon a motion to dismiss made at the time the cause ivas argued and submitted, but with leave to defendants to file depositions or affidavits…
2Cases cited16 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Missouri, Kansas & Texas Trust Co. v. KrumseigSupreme Court of the United States · 1899
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
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3Cited by3 opinions
- Howard v. National Telephone Co.U.S. Circuit Court for the District of Northern West Virginia · 1910
- In re Walden Bros. Clothing Co.District Court, N.D. Georgia · 1912
- Gatzert v. LuceyDistrict Court, N.D. New York · 1914