Hayward & Clark v. McDonald
Court of Appeals for the Fifth Circuit
■ Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. Bill by Hayward & Clark and others against J. C. McDonald, administrator, and another. Decree dismissing the bill, and complainants appeal. The appellants, a commercial partnership, each member a citizen of Louisiana, brought their bill against the appellees, one of whom is a citizen of Georgia and the other a citizen of Texas.
Read the full summary
■ Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. Bill by Hayward & Clark and others against J. C. McDonald, administrator, and another. Decree dismissing the bill, and complainants appeal. The appellants, a commercial partnership, each member a citizen of Louisiana, brought their bill against the appellees, one of whom is a citizen of Georgia and the other a citizen of Texas. The bill contained the'usual formal allegations found in bills of interpleader. The other material averments of the bill are indicated in the opinion. There was a prayer for…
1Opinion of the CourtShelby, Circuit Judge
[1] The appellees contend that the Circuit Court was without jurisdiction because the sum sought to be deposited is less than $2,000. This contention is based on only one feature of the case. The bill seeks to enjoin the two defendants, who are each suing the complainants for a sum exceeding $2,000. One of the purposes of the bill is to obtain protection from these suits. The value of the right sought to be protected, and not alone the amount which the complainant tenders into court, constitutes the value in controversy for jurisdictional purposes. Louisville & Nashville R. R. Co. v. Smith,…
2Cases cited10 opinions
- Groves v. SentellSupreme Court of the United States · 1894
- Gibson v. GoldthwaiteSupreme Court of Alabama · 1845
- Kelly v. PayneSupreme Court of Alabama · 1850
- Louisville & N. R. Co. v. SmithCourt of Appeals for the Fifth Circuit · 1904
- Stephenson v. BurdettWest Virginia Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Robert Hind, Limited v. SilvaCourt of Appeals for the Ninth Circuit · 1935
- Sherman Nat. Bank of New York v. Shubert Theatrical Co.Court of Appeals for the Second Circuit · 1917
- John Hancock Mut. Life Ins. Co. v. KeganDistrict Court, D. Maryland · 1938
- Guaranteed State Bank of Durant v. D'YarmettSupreme Court of Oklahoma · 1917
10 more not listed; retrieve them via the Exa API.