Legal Opinion

Maxwell v. McDaniels

Court of Appeals for the Fourth Circuit

Decided December 6, 1910No. 1,008PublishedCited by 14 opinions

Appeal from tHe Circuit Court .of the United States for the Northern District of West Virginia, at Philippi. Suit in equity by Isaac McDaniels against Charles D. Gillaspie, Isaac C. Woodford, and others. Decree for complainant, and defendants Woodford and Claude W. Maxwell, trustee in bankruptcy for defendant Gillaspie appeal.

1Opinion of the Court

ROSE, District Judge.

There are 21. assignments of error. We find it unnecessary to consider any of them except the first which denies that the court below had any right to entertain the cause. It may be assumed that the allegations of the bill of complaint as to diversity Of citizenship and as to the amount in controversy are prima facie sufficient to sustain the jurisdiction of the court below as a court of the United States. Does the bill allege anything which can invoke its jurisdiction as a court of equity?

In his bill of complaint the complainant says that some three years before three of…

2Cases cited6 opinions

  1. Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
  2. Scott v. NeelySupreme Court of the United States · 1891
  3. Cates v. AllenSupreme Court of the United States · 1893
  4. First Nat. Bank of Cleveland v. SheddSupreme Court of the United States · 1887
  5. Smith v. Railroad Co.Supreme Court of the United States · 1879

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Stokes v. WilliamsCourt of Appeals for the Third Circuit · 1915
  2. Davis v. HaydenCourt of Appeals for the Fourth Circuit · 1916
  3. In re Richardson's EstateDistrict Court, N.D. Texas · 1923
  4. Fleet v. HookerSupreme Court of Oklahoma · 1936
  5. Maxwell v. McDanielsCourt of Appeals for the Fourth Circuit · 1912

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