Wood v. Matthews
United States District Court
This was an action originally commenced in one of the subordinate courts of this state, held by a justice of the peace, and was, removed from such state court into this court, at the instance of the defendant, by a writ of habeas corpus cum causa. It was an action of trespass for taking and detaining a certain horse belonging to the plaintiff.
Read the full summary
This was an action originally commenced in one of the subordinate courts of this state, held by a justice of the peace, and was, removed from such state court into this court, at the instance of the defendant, by a writ of habeas corpus cum causa. It was an action of trespass for taking and detaining a certain horse belonging to the plaintiff. After its removal to this court, the plaintiff appeared and filed a motion to dismiss the case for want of jurisdiction, alleging that the cause of action did not proceed from, nor the action bring in question, any act or thing done by the defendant as…
1Opinion of the CourtPrentiss, J.
The removal of the cause to this court, and the jurisdiction of this court over it, are regulated by, and dependent entirely upon, the provisions of the act of Congress of March 2, 1833, passed in pursuance of the clause of the constitution, which declares, that the judicial power of the United States shall extend to all cases, in law and equity, arising under the constitution, laws, or treaties of the United States. After giving, in general terms, jurisdiction to the circuit courts in all cases arising under the revenue laws, the act provides, that “ in any case, where suit or prosecution…
2Cited by3 opinions
- McCormick v. HumphreyIndiana Supreme Court · 1866
- Shaw v. BatesSupreme Court of Vermont · 1881
- Fisk v. Union Pacific RailroadDistrict Court, S.D. New York · 1871