Legal Opinion · Dissent

Wells & Richardson Co. v. Abraham

Court of Appeals for the Second Circuit

Decided November 19, 1906No. 173Published

Appeal from the Circuit Court of the United States for the Eastern District of New York.

1DissentWallace, Circuit Judge

I do not agree with the majority of the court that we are not authorized to pass upon the question of the jurisdiction of the court below. In Boston & Maine Railroad Co. v. Gokey (lately decided by this court) 149 Fed. 42, I have given the reasons why Í think the court should no longer adhere to its decisions in United States v. Lee Yen Tai, 113 Fed. 465, 51 C. C. A. 299, and Fisheries Co. v. Lennen, 130 Fed. 533, 65 C. C. A. 79. I think, however, that the bill shows, a case in which the requisite jurisdictional amount is involved. One of the rights sought to he protected by the complainant…

2Cases cited3 opinions

  1. United States v. Lee Yen TaiCourt of Appeals for the Second Circuit · 1902
  2. Fisheries Co. v. LennenCourt of Appeals for the Second Circuit · 1904
  3. Boston & M. R. Co. v. GokeyCourt of Appeals for the Second Circuit · 1906

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