Keyser v. Lowell
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. This writ of error was sued out to reverse a judgment in favor of the defendant upon a directed verdict founded upon the following undisputed facts: On February 5, 1885, the plaintiff, Aaron Keyser, recovered a judgment against the defendant, John W. Lowell, in a court of general jurisdiction of the territory of Utah.
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In Error to the Circuit Court of the United States for the District of Colorado. This writ of error was sued out to reverse a judgment in favor of the defendant upon a directed verdict founded upon the following undisputed facts: On February 5, 1885, the plaintiff, Aaron Keyser, recovered a judgment against the defendant, John W. Lowell, in a court of general jurisdiction of the territory of Utah. In the year 1884 or the year 1885 the defendant, John W. Lowell, who had theretofore been a resident of Utah, removed to, and became and has ever since been a citizen and resident of, the state of…
1Opinion of the CourtSanborn, Circuit Judge
This case involves the question whether or not a statute of the state of Colorado' is obnoxious to section i of article 4 of the constitution of the United States, but the jurisdiction of the court below was not invoked upon that ground. The sole ground upon which the jurisdiction of the circuit court originally attached was the diversity of the citizenship of the parties. The constitutional question was not presented or suggested, and it did not arise until the answer was interposed. This court, therefore, has jurisdiction to hear and determine the question of the validity of the statute, in…
2Cases cited40 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Mills v. DuryeeSupreme Court of the United States · 1813
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3Cited by5 opinions
- Lamb v. Powder River Live Stock Co.Court of Appeals for the Eighth Circuit · 1904
- Schauble v. SchulzCourt of Appeals for the Eighth Circuit · 1905
- Idaho Department of Health v. HoljesonCourt of Appeals of Washington · 1985
- Cranston v. New Process Fibre Co.Superior Court of Delaware · 1950
- Converse v. HamiltonWisconsin Supreme Court · 1908