BANK OF THE REPUBLIC
v.
MILLARD

U.S. | 1879-11-03
No. 240
154 U.S. 656 Supreme Court of the United States (1879) Positive Treatment
Also reported at: 25 L. Ed. 529 · 1879 U.S. LEXIS 1384 · SCDB 1879-223
Cited by 4 cases
Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court.

The value of the matter in dispute in this case is less than twenty-ñve hundred dollars, and, therefore, under our ruling in Railroad Co. v. Grant, 98 U. S. 398, the judgment is not now reviewable here. The special allowance of a writ of error to reverse a former judgment in the same cause, under which a reversal was had, cannot be made applicable to this writ, because the case as now presented is entirely different from what it was before. In fact, after the case went back, it was made to conform to what, as was suggested in the opinion reported in 10 Wall. 157, might perhaps entitle the plaintiff to recover. The motion to dismiss is granted, each party to pay his own costs. Dismissed.

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  • Salem Tr. Co. v. Mfrs'. Fin. Co., 264 U.S. 182 (U.S. 1924)
    …petitioner is entitled to the fund. Decree reversed. Mr. Justice Holmes and Mr. Justice Brandéis concur on the ground that the rights of the parties are governed by the law of Massachusetts. Raphael v. Trask, 194 U. S. 272, 277; Gage v. Carraher, 154 U. S. 656; Ayres v. Wiswall, 112 U. S. 187, 192; Removal Cases, 100 U. S. 457, 468-469; Strawbridge v. Curtiss, 3 Cranch, 267; Chipman v. West United Verde Copper Co., 271 Fed. 91; Danks v. Gordon, 272 Fed. 821, 824. Wormley v. Wormley, 8 Wheat. 421, 451; Wo…
  • Rockmore v. NEW Jersey Fid. & Plate Glass INS. Co., 65 F.2d 341 (2d Cir. 1933)
    …Such diversity is necessary to support federal jurisdiction and, without it, the trustee must proceed in the state court. Salem Trust Co. v. Manufacturers’ Finance Co., 264 U. S. 182, 44 S. Ct. 266, 68 L. Ed. 628, 31 A. L. R. 867; Gage v. Carraher, 154 U. S. 656, 14 S. Ct. 1190, 25 L. Ed. 989; Wilson v. Oswego Township, 151 U. S. 56, 14 [*344] S. Ct. 259, 38 L. Ed. 70; Matthew v. Coppin (C. C. A.) 32 F.(2d) 100; Perez v. Canadian Land & Fur Co. (D. C.) 14 F.(2d) 181; Danks v. Gordon (C. C. A.) 272 F. 821.…

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