Legal Opinion

United States v. Greene

U.S. Circuit Court for the District of Maine

Decided October 15, 1827PublishedCited by 16 opinions

[In error to the district court of the United States for the district of Maine.] The action was brought by the United States as indorsees of a promissory note made by the defendants [Elijah D. Greene and others] at Eastport on the 10th of February, 1826, whereby for value received they promised to pay the president, directors, and company of the Bank of I’assamaquoddy or order, three months after date, the sum of twenty-three hundred and thirty-three dollars and thirty-three…

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[In error to the district court of the United States for the district of Maine.] The action was brought by the United States as indorsees of a promissory note made by the defendants [Elijah D. Greene and others] at Eastport on the 10th of February, 1826, whereby for value received they promised to pay the president, directors, and company of the Bank of I’assamaquoddy or order, three months after date, the sum of twenty-three hundred and thirty-three dollars and thirty-three cents; and afterwards the bank, by its cashier, indorsed the same to the United States. There was also a count for…

1Opinion of the Court

STORY, Circuit Justice.

It is quite unnecessary in the present case to consider. whether the plea to the jurisdiction be drawn with perfect technical accuracy or not, as it is well settled, that sufficient matter must appear upon the record to support the jurisdiction of the court, otherwise the suit must be dismissed.

The question then is, -whether, upon the matter apparent on the record, the district court possessed jurisdiction of the suit; and this question must be decided exclusively by the true construction of the acts of congress conferring and limiting the jurisdiction of the national…

2Cases cited1 opinion

  1. Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808

3Cited by16 opinions

  1. Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
  2. West Virginia v. EPASupreme Court of the United States · 2022
  3. Davis v. CoyleCourt of Appeals for the Second Circuit · 1922
  4. State v. MilburnCourt of Appeals of Maryland · 1850
  5. Daniel Allen v. United StatesCourt of Appeals for the Sixth Circuit · 2023

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