Legal Opinion

Spencer v. Duplan Silk Co.

Supreme Court of the United States

Decided December 21, 1903No. 83PublishedCited by 51 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIR- ' CUIT. This was an action of trover commenced by plaintiff in error in the Court of Common Pleas for the County of Lehigh, Pennsylvania, October 18,1900, the declaration averring in substance that, on January 13,1900, certain lumber and building materials were The property of the firm of Bennett & Rothrock, and that by virtue of an adjudication in bankruptcy of that date, plaintiff succeeded to the title of that firm"…

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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIR- ' CUIT. This was an action of trover commenced by plaintiff in error in the Court of Common Pleas for the County of Lehigh, Pennsylvania, October 18,1900, the declaration averring in substance that, on January 13,1900, certain lumber and building materials were The property of the firm of Bennett & Rothrock, and that by virtue of an adjudication in bankruptcy of that date, plaintiff succeeded to the title of that firm" to said lumber, and materials, and that on January 15, 1900, defendant in error-wrong- ■ fully converted the lumber and…

1Opinion of the CourtChief Justice Fullee

In our opinion the jurisdiction of the Circuit Court depended entirely on diverse citizenship, the judgment of the Circuit Court of Appeals was final, and the writ of error must be dismissed. . Colorado Central Consolidated Mining Company v. Turck, 150 U. S. 138; Borgmeyer, Admr., v. Idler, 159 U. S. 408; Press Publishing Company v. Monroe, 164 U. S. 105.

The views expressed in the latter case will sufficed o indícate the governing rules. In that case the complaint in the Circuit Court showed that the parties were citizens of" different States, and.did not. claim under the Constitution nr…

2Cases cited12 opinions

  1. The ConquerorSupreme Court of the United States · 1897
  2. Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
  3. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  4. Chappell v. United StatesSupreme Court of the United States · 1896
  5. Western Union Telegraph Co. v. Ann Arbor RailroadSupreme Court of the United States · 1900

7 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Schumacher v. BeelerSupreme Court of the United States · 1934
  2. United States v. United Air Lines, Inc.District Court, D. Nevada · 1962
  3. Montana Catholic Missions v. Missoula CountySupreme Court of the United States · 1906
  4. Southern Pacific Co. v. StewartSupreme Court of the United States · 1917
  5. Bush v. ElliottSupreme Court of the United States · 1906

46 more not listed; retrieve them via the Exa API.

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