Bath County v. Amy
Supreme Court of the United States
Error to the Circuit Court for the District of Kentucky; the case being thus: The 11th section of the Judiciary Act of 1789, enacts that— “ The Circuit Court shall have original cognizance concurrent with the courts of the several States, of all suits of a civil nature at common law, . .. between a citizen of the State where the suit was brought, and a citizen of another State.”
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Error to the Circuit Court for the District of Kentucky; the case being thus: The 11th section of the Judiciary Act of 1789, enacts that— “ The Circuit Court shall have original cognizance concurrent with the courts of the several States, of all suits of a civil nature at common law, . .. between a citizen of the State where the suit was brought, and a citizen of another State.” The 14th section of the same act, referring to certain courts of the United States, including the Circuit Courts, enacts: “ That all the before-mentioned courts of the United States shall have power to issue writs of…
1Opinion of the CourtJustice Strong
It must be considered as settled that the Circuit Courts of the United States are not authorized to issue writs of mandamus, unless they are necessary to the exercise of their respective jurisdictions. Those courts are creatures of stat ote, and they have only so much of the judicial power of the United States as the acts of Congress have conferred upon them. The Judiciary Act of 1789, which established them, by its 11th section, enacted that they shall have original cognizance, concurrently with the courts of the several States, of “ all suits of a civil nature at common law, or in equity,”…
2Cases cited2 opinions
- McIntire v. WoodSupreme Court of the United States · 1813
- McClung v. SillimanSupreme Court of the United States · 1821
3Cited by67 opinions
- Louisiana v. JumelSupreme Court of the United States · 1883
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- Rosenbaum v. BauerSupreme Court of the United States · 1887
- County of Greene v. DanielSupreme Court of the United States · 1880
- In the Matter of the Application of County Collector of the County of Winnebago, Illinois, Appeal of Michael F. O'brien, Alice J. O'brien, Edward M. MaherCourt of Appeals for the Seventh Circuit · 1996
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