Legal Opinion

Superior City v. Ripley

Supreme Court of the United States

Decided January 26, 1891No. 1322PublishedCited by 11 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This was a writ of error to reverse a judgment of the Circuit Court for the District of Nebraska in favor of the defendants in error, upon certain orders accepted by the city,of Superior.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This was a writ of error to reverse a judgment of the Circuit Court for the District of Nebraska in favor of the defendants in error, upon certain orders accepted by the city,of Superior. The case was practically decided in overruling a demurrer to the petition, which set forth, in substance, the following facts: 1. That the plaintiffs, Ripley and Bronson, were citizens of the State of Missouri, and the defendant, the city of Superior, a municipal corporation of the State of Nebraska. 2. • That under an ordinance,…

1Opinion of the CourtJustice Brown

(1.) In support of its demurrer founded upon the alleged want of jurisdiction in the Circuit Court, the plaintiff in error insists that the plaintiffs below obtained their right to bring suit upon this order by assignment from S. K. Felton & Co., who are not alleged to be citizens of any other State than Nebraska, and hence that the plaintiffs are disqualified to sue, under the act of August 13, 1888, 25 Stat. 433, c. 866, § 1, the first section of which provides that no Circuit or District Court shall “ have cognizance of any suit, except upon foreign bills of exchange, to recover the…

2Cases cited9 opinions

  1. Mollan v. TorranceSupreme Court of the United States · 1824
  2. Wallace v. McConnellSupreme Court of the United States · 1839
  3. Evans v. GeeSupreme Court of the United States · 1837
  4. Manufacturing Co. v. BradleySupreme Court of the United States · 1882
  5. Young v. BryanSupreme Court of the United States · 1821

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3Cited by11 opinions

  1. Kolze v. HoadleySupreme Court of the United States · 1906
  2. Kirven v. Virginia-Carolina Chemical Co.Court of Appeals for the Fourth Circuit · 1906
  3. Wilson v. Alliance Life Ins.Court of Appeals for the Fifth Circuit · 1939
  4. Oak Grove Const. Co. v. Jefferson CountyCourt of Appeals for the Sixth Circuit · 1915
  5. Foster v. LeiningerIndiana Court of Appeals · 1904

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