Legal Opinion

Howard v. De Cordova

Supreme Court of the United States

Decided May 14, 1900No. 246PublishedCited by 18 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. By their original bill the complainants, alleging themselves to be citizens of the State of Louisiana, complained against P. De Cordova, a citizen of the State of Texas, residing in Travis County, W. R. Boyd, F.' E. Hill, Charles Robertson, J. M. Parker and George W. McAdams, citizens of Texas and residents of Freestone County, and against Joseph Smolenski, as to whom it was merely alleged…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. By their original bill the complainants, alleging themselves to be citizens of the State of Louisiana, complained against P. De Cordova, a citizen of the State of Texas, residing in Travis County, W. R. Boyd, F.' E. Hill, Charles Robertson, J. M. Parker and George W. McAdams, citizens of Texas and residents of Freestone County, and against Joseph Smolenski, as to whom it was merely alleged he “ is not an inhabitant of or found within this district.” The grounds for relief which it is necessary to notice for…

1Opinion of the CourtJustice White

That the court erred in sustaining the demurrer and dismissing the suit for want of jurisdiction over the subject-matter of the controversy, has been in effect conclusively settled by this court in a case decided since thó action of the court below was taken. Cooper v. Newell, 173 U. S. 555. In that case suit had been brought in a court of the State of Texas in the ordinary form of trespass, to try title by Peter McGrael against Stewart Newell, the defendant. It was alleged in the suit that the plaintiff was a resident of Texas, and that the defendant was also a resident and citizen of that…

2Cases cited2 opinions

  1. Cooper v. NewellSupreme Court of the United States · 1899
  2. Huntington v. LaidleySupreme Court of the United States · 1900

3Cited by18 opinions

  1. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  2. Donald L. Snell v. Cleveland, Inc., and Patricia Faber John Does Jane DoesCourt of Appeals for the Ninth Circuit · 2002
  3. Simon v. Southern Railway Co.Supreme Court of the United States · 1915
  4. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  5. Realty Holding Co. v. DonaldsonSupreme Court of the United States · 1925

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