Legal Opinion

Lamb v. Ewing

Court of Appeals for the Eighth Circuit

Decided January 27, 1893No. 110PublishedCited by 13 opinions

In Error to the Circuit Court of the United States for the District of Nebraska. Action by Thomas Ewing against Walter J. Lamb and Lorenzo W. Billingsley upon a bond given for the repayment of money into court. Judgment for plaintiff. Defendants bring error.

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In Error to the Circuit Court of the United States for the District of Nebraska. Action by Thomas Ewing against Walter J. Lamb and Lorenzo W. Billingsley upon a bond given for the repayment of money into court. Judgment for plaintiff. Defendants bring error. Statement by SHURAS, District Judge: On the trial of this ease in the court below a jury was waived, and from the findings of fact mads by the court the following statement is condensed, sufficient of the material facts being stated to show the applicability of the points made by counsel in support of the errors assigned: On the 17th of…

1Opinion of the Court

SHIRAS, District Judge,

(after stating the facts.) The objections taken to the jurisdiction of the circuit court are based upon the fact that the plaintiff and defendants below are all citizens of the state of Nebraska, and the amount in controversy is less than $2,000. If this proceeding was an independent action, unconnected with any other case in the circuit court, and in which, therefore, the jurisdiction of the court would depend upon the diverse citizenship of the parties to the petition and the amount thereby put in controversy, the lack of jurisdiction of the circuit court would be…

2Cases cited8 opinions

  1. Freeman v. HoweSupreme Court of the United States · 1861
  2. Krippendorf v. HydeSupreme Court of the United States · 1884
  3. Wiswall v. SampsonSupreme Court of the United States · 1853
  4. The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
  5. Gumbel v. PitkinSupreme Court of the United States · 1888

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3Cited by13 opinions

  1. Hatcher v. Hendrie & Bolthoff Mfg. & Supply Co.Court of Appeals for the Eighth Circuit · 1904
  2. Carey v. McMillanCourt of Appeals for the Eighth Circuit · 1923
  3. Helena Adjustment Co. v. ClaflinMontana Supreme Court · 1926
  4. Snow v. DuxstadWyoming Supreme Court · 1915
  5. Ferguson v. Omaha & S. W. R.Court of Appeals for the Eighth Circuit · 1915

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