Legal Opinion

Humes v. City of Ft. Smith

U.S. Circuit Court for the District of Western Arkansas

Decided May 2, 1899PublishedCited by 18 opinions

• In Equity. On the 2-1 tli of March, 1899, the complainant, John C. Humes, filed his bill in equiqy in this court, alleging that he is a citizen of the slate of Missouri, and that the defendant is a municipal corporation existing under the laws of Arkansas.

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• In Equity. On the 2-1 tli of March, 1899, the complainant, John C. Humes, filed his bill in equiqy in this court, alleging that he is a citizen of the slate of Missouri, and that the defendant is a municipal corporation existing under the laws of Arkansas. He also alleges that he is engaged in business within the corporate limits of said city, under the style of the Co-operative Premium Association; that in conducting his business he solicits merchants of the city to patronize him, and that to such as agree to do' so he issues stamps, for which they paj: ¡hat he issues a great, number of…

1Opinion of the CourtRogers, District Judge

(after stating the facts as above). In the view which the court takes of this case, it is no-t important to determine all the questions discussed by counsel. The defendant insists that the court is without jurisdiction, because the amount in controversy does not exceed the sum of $2,000; that is to say, that the amount which the complainant would have to pay for license to conduct his business does not amount to that sum. Jurisdiction is not determined in that way. Jurisdiction is determined by the value of the right to be protected, or the extent of the injury to be prevented, by the…

2Cases cited4 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Crutcher v. KentuckySupreme Court of the United States · 1891
  3. Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
  4. Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897

3Cited by18 opinions

  1. Ex Parte DrexelCalifornia Supreme Court · 1905
  2. Hewin v. City of AtlantaSupreme Court of Georgia · 1905
  3. Board of Trade of City of Chicago v. Cella Commission Co.Court of Appeals for the Eighth Circuit · 1906
  4. Louisville & N. R. Co. v. SmithCourt of Appeals for the Fifth Circuit · 1904
  5. State ex rel. Simpson v. Sperry & Hutchinson Co.Supreme Court of Minnesota · 1910

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