Bankers Mutual Casualty Co. v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This action was originally brought in the Circuit Court of the United States for the District of Minnesota by the German State Bank of Harvey, North Dakota, for which the Bankers Mutual Casualty. Company of Iowa was subsequently substituted as plaintiff, against the Minneapolis, St. Paul and Sault Sainte Marie Railway Company of Minnesota. The’averments gave jurisdiction on the ground of diversity of citizenship.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This action was originally brought in the Circuit Court of the United States for the District of Minnesota by the German State Bank of Harvey, North Dakota, for which the Bankers Mutual Casualty. Company of Iowa was subsequently substituted as plaintiff, against the Minneapolis, St. Paul and Sault Sainte Marie Railway Company of Minnesota. The’averments gave jurisdiction on the ground of diversity of citizenship. A demurrer to the original complaint was sustained for reasons stated by Lochren, J. 113 Fed. Rep. 414. ' Thereupon “an…
1Opinion of the Court
• Mr. Chief Justice Fuller,-
after making the foregoing statement, delivered the opinion of the court.
If the jurisdiction of the Circuit Court depended entirely on diversity of citizenship, the judgment of the Circuit Court-of Appeals was made final by the act of March 3, 1891, and this writ of error must be dismissed. But it is contended that jurisdiction also rested on the ground that the case arose under the Constitution or laws of the United States, and that must be tested by the settled rule that a suit does not so arise unless it really and substantially involves a dispute or controversy…
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- Starin v. New YorkSupreme Court of the United States · 1885
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3Cited by29 opinions
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- Doucette v. VincentCourt of Appeals for the First Circuit · 1952
- Jordine v. WallingCourt of Appeals for the Third Circuit · 1950
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