Gregory v. Van Ee
Supreme Court of the United States
APPEAL EEOM THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. Gregory, a citizen of Illinois, filed his bill in the Supreme Judicial Court of Massachusetts, December 16¡, 1884, against Frederick A. Pike, a citizen of Maine, and 'William.’ O. N. Swift, a citizen of Massachusetts, to recover two certain nonnegotiable promissory notes made by Swift, held by Pike, and alleged by Gregory to be his property.
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APPEAL EEOM THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. Gregory, a citizen of Illinois, filed his bill in the Supreme Judicial Court of Massachusetts, December 16¡, 1884, against Frederick A. Pike, a citizen of Maine, and 'William.’ O. N. Swift, a citizen of Massachusetts, to recover two certain nonnegotiable promissory notes made by Swift, held by Pike, and alleged by Gregory to be his property. This suit was afterwards removed on Gregory’s petition to the Circuit Court on the sole ground of the diverse citizenship of the parties. Pending the suit the notes were collected, and the…
1Opinion of the CourtChief Justice Fullee
The jurisdiction of the Circuit Court in the suit of Gregory against Pike and Swift rested on the fact that the controversy therein was between citizens of different States, and this was the sole ground on which Gregory removed the cause from the state court to the Circuit Court. The fund was in the Circuit Court because realized out of and substituted for the subject of contention in that suit, and Van Ee recovered on his intervening petition what he claimed to be his share of that fund.
In Rouse v. Letcher, 156 U. S. 47, we held that if the decree of a Circuit Court of Appeals is final under…
2Cases cited1 opinion
- Rouse v. LetcherSupreme Court of the United States · 1895
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