Legal Opinion

Smith v. McKay

Supreme Court of the United States

Decided March 2, 1896No. 83PublishedCited by 51 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. In the Circuit Court of the United States for the District of Massachusetts, Gordon McKay, as trustee for the McKay Sewing Machine Association, and a eitizen of the State of Rhode Island, filed a bill of complaint against' Frank ~W. Smith and others, citizens of the State of Massachusetts, doing business as copartners in the firm name of Smith, Stoughton & Payne.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. In the Circuit Court of the United States for the District of Massachusetts, Gordon McKay, as trustee for the McKay Sewing Machine Association, and a eitizen of the State of Rhode Island, filed a bill of complaint against' Frank ~W. Smith and others, citizens of the State of Massachusetts, doing business as copartners in the firm name of Smith, Stoughton & Payne. The bill was brought upon a lease between said parties, bearing date January 23, 1878, whereby the complainant had granted to the defendants, in…

1Opinion of the CourtJustice Shiras

The appellants seek to have this court review the action of the Circuit Court in entertaining jurisdiction of a bill in equity in a case in which, as they allege, it appears that the complainant had a plain, adequate and complete remedy at law.

It is contended on the part of the. appellee that we should dismiss this appeal, because the question of jurisdiction is not properly certified to this court.

The record discloses that the defendants below appealed upon the express ground that the court erred in taking jurisdiction of the bill and in not dismissing the bill for want of jurisdiction, and…

2Cases cited3 opinions

  1. Mississippi Mills v. CohnSupreme Court of the United States · 1893
  2. Shields v. ColemanSupreme Court of the United States · 1895
  3. In Re Lehigh Mining & Manufacturing Co.Supreme Court of the United States · 1895

3Cited by51 opinions

  1. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  2. Pennsylvania v. WilliamsSupreme Court of the United States · 1935
  3. Pusey & Jones Co. v. HanssenSupreme Court of the United States · 1923
  4. Giles v. HarrisSupreme Court of the United States · 1903
  5. Venner v. Great Northern Railway Co.Supreme Court of the United States · 1908

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