[Download] "Coal Company v. Blatchford" by United States Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Coal Company v. Blatchford
- Author : United States Supreme Court
- Release Date : January 01, 1870
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Mr. Theodore Cuyler, in support of the jurisdiction: The jurisdiction of the Circuit Courts, when it is founded upon the citizenship of the parties, rests upon that of the real and not of the nominal parties to the suit. This is decided in Browne v. Strode,1 where this court says that the courts of the United States have jurisdiction in a case between the citizens of the same State, if the plaintiffs are only nominal plaintiffs, for the use of an alien. By a law of the State of Mississippi sheriffs were required to give bond to the governor for the faithful performance of their duty. 'The fact that the governor and the party sued are citizens of the same State, will not,' say this court, in McNutt v. Bland,2 'oust the jurisdiction of the Circuit Court of the United States, provided the party for whose use the suit is brought is a citizen of another State.' So again the court declares in Wormley v. Wormley,3 that the court will not suffer its jurisdiction in an equity cause to be ousted by the circumstances of the joinder or non-joinder of merely formal parties, who are not entitled to sue or liable to be sued in the United States courts. In Irvine v. Lowry,4 the doctrine of Brown v. Strode is strongly affirmed.