Scott v. First Nat. Bank

SANBORN, Circuit Judge.

This is an appeal from an order whereby, upon the complaint, the court below, on the motion of the defendant, the First National Bank of Morris, dismissed the suit of the plaintiff, James Scott, on the grounds that this suit could not be maintained as a suit in equity because the defendant was in possession and the plaintiff was out of possession, and that it could not be maintained as an action at law because there was no diversity of citizenship between the parties to it and no statement of any federal question was necessary in setting forth the plaintiff’s cause of…