Legal Opinion

Marshall v. Knox

Supreme Court of the United States

Decided April 28, 1873PublishedCited by 76 opinions

Appeal from the Circuit Court for the District of Louisiana; the case being thus: Marshall was the owner of a plantation in the parish of Avoyelles, in Louisiana, and on the 7th of February, 1867, leased it to Nathan Smith and Henry Fuller for three years, from January 1st, 1867, at $3000 a year, payable in two. equal payments. ' At the end of the first year the tenants were in arrear $1400, and on the 4th of January, 1868, Marshall commenced an action therefor in the…

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Appeal from the Circuit Court for the District of Louisiana; the case being thus: Marshall was the owner of a plantation in the parish of Avoyelles, in Louisiana, and on the 7th of February, 1867, leased it to Nathan Smith and Henry Fuller for three years, from January 1st, 1867, at $3000 a year, payable in two. equal payments. ' At the end of the first year the tenants were in arrear $1400, and on the 4th of January, 1868, Marshall commenced an action therefor in the District Court of the parish, and applied for and obtained a writ of provisional seizure (as it 'is called), being the usual…

1Opinion of the CourtJustice Bradley

The first question is, whether the decree dismissing the bill for want of jurisdiction was rightly made, and this is to be solved by reference to. the second- section of the Bankrupt Act. By this- section it is declared that the Circuit Courts “shall have a general superintendence and jurisdiction of all cases and questions arising under this act; and, except when special provision is otherwise made, may, upon bill, petition, or other proper process, of any party aggrieved, hear and determine the case as in a court of equity.” By a subsequent clause of the same section it is declared that…

2Cited by76 opinions

  1. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  2. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  3. Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
  4. First Nat. Bank of Chicago v. Chicago Title & Trust Co.Supreme Court of the United States · 1905
  5. Jerome v. McCarterSupreme Court of the United States · 1877

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