MASON
v.
ROLLINS ET AL.
MASON
ROLLINS ET AL.
13 Wall. 602
Supreme Court of the United States (1871)
Positive Treatment
Also reported at: 20 L. Ed. 527 · 1871 U.S. LEXIS 1371 · SCDB 1871-073
Cited by 3 cases
Opinion of the Court
The CHIEF JUSTICE delivered the opinion of the court.
It is manifest that the averments of citizenship in neither of the bills are sufficient to give the Circuit Court jurisdiction under the Judiciary Act of 1789; and all were filed subsequent to the 13th of July, 1866.
When these suits were brought, therefore, there was no act in force giving jurisdiction, in cases such as those made by the records, to the courts of the United States. The Circuit Court was obliged, therefore, to dismiss the bill in each case for want of jurisdiction, and the judgment of that court in the several cases must be
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hale Cnty. v. Am. Indem. Co., 63 F.2d 275 (5th Cir. 1933)…d States, 188 U. S. 156, 23 S. Ct. 279, 47 L. Ed. 425; nor is secret theft, United States v. Prescott, 3 How. 578, 31 L. Ed. 734; United States v. Dashiel, 4 Wall. 182, 18 L. Ed. 319; nor is robbery by violence, Boyden v. United States, 13 Wall. 17, 20 L. Ed. 527. Only the overpowering force of the public enemy in war has been upheld as a sufficient excuse for the loss of public money thus bailed. United States v. Thomas, 15 Wall. 337, 21 L. Ed. 89. We perceive no reason to abate, but rather to increase, th…
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United States Fid. & Guar. Co. v. United States, 91 F.2d 848 (5th Cir. 1937)…t of the United States of tire purloined funds, still it being found by the verdict of the jury that the moneys w.ere stolen, defendant would be exonerated from all liability for them,” but see contra, Boyden v. United States, 13 Wall. (80 U.S.) 17, 20 L.Ed. 527, Smythe v. U. S., 188 U.S. 156, 23 S.Ct. 279, 47 L.Ed. 425. This case was appealed and affirmed by a divided court without opinion. It is therefore without weight as a precedent for appellant’s position. The United States relies upon the general pr…1 / 2