Cochran v. Montgomery County
Supreme Court of the United States
ERROR AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This action was brought January 21, 1902, in the City Court of Montgomery, Alabama, by the.County of Montgomery, one of the counties of the State of Alabama, against John J. Cochran, a citizen of .that county and State, and the Fidelity and Deposit Company of Maryland, a corporation of the State of Maryland, Cochran being the treasurer of the plaintiff county and the Fidelity and Trust Company of…
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ERROR AND CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This action was brought January 21, 1902, in the City Court of Montgomery, Alabama, by the.County of Montgomery, one of the counties of the State of Alabama, against John J. Cochran, a citizen of .that county and State, and the Fidelity and Deposit Company of Maryland, a corporation of the State of Maryland, Cochran being the treasurer of the plaintiff county and the Fidelity and Trust Company of Maryland being the sole surety on the official bond of said Cochran as such county treasurer, to recover damages for…
1Opinion of the CourtChief Justice Fuller
The first question is whether this court can entertain jurisdiction of this writ of error, and this must be answered in the negative, if the ground on which the jurisdiction of the Circqjt Court was invoked was “ dependent entirely upon the opposite parties to the suit or controversy, being . . . citizens of different States,” because in such case the judgment of the Circuit Court of Appeals was final. Act of March 3, 1891, 26 Stat. 828, c. 514, § 6.
By section one of the judiciary act of 1887, as corrected in 1888 (25 Stat. 433, c. 866), the Circuit Courts of the United States are given…
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