Casey v. Adams

Decision Date01 October 1880
Citation26 L.Ed. 52,102 U.S. 66
PartiesCASEY v. ADAMS
CourtU.S. Supreme Court

ERROR to the Supreme Court of the State of Louisiana.

This was a proceeding instituted in the Fifteenth Judicial District Court, parish of La Fourche, Louisiana, by Adams & Co., against sundry parties, among whom was Nicholas W. Casey, receiver of the New Orleans Banking Association, which was organized under the act of Congress and established at New Orleans.

It appears that, by virtue of executory process issued out of that court, a certain parcel of land in the parish, whereon Adams & Co. held a mortgage, was sold, they becoming the purchasers for less than their debt. 'The sheriff refused to complete the adjudication' unless they paid certain mortgage claims of the banking association and other creditors. Adams & Co. then obtained a rule against the creditors, the sheriff and the recorder to show cause why the mortgages appearing in the names of the creditors should not be cancelled and erased, and upon the sheriff further to show cause why he should not 'complete the adjudication' and put the purchasers in possession.

Casey alone appeared. He pleaded to the jurisdiction upon the ground that a national bank cannot be sued in a State court, except in the county or parish in which it is located, and that its rights cannot be determined on a rule to show cause.

The court made the rule absolute, and the Supreme Court, on appeal, affirmed that judgment. Casey thereupon removed the case here.

Mr. Charles Case, Mr. John D. Rouse, and Mr. William Grant for the plaintiff in error.

Mr. Thomas J. Durant and Mr. Charles W. Hornor, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

The Federal question in this case is whether a national bank can be sued in a State court in a local action in any other county or city than that where the bank is located. By sect. 5198, Rev. Stat., it is provided that 'suits, actions, and proceedings against any association under this title [The National Banks] may be had in any circuit, district, or territorial court of the United States held within the district in which such association may be established, or in any State, county, or municipal court in the county or city in which said association is located, having jurisdiction in similar cases.' This, we think, relates to transitory actions only, and not to such actions as are by law local in their character. Sect. 5136 subjects the banks to suits at law or in equity as fully as...

To continue reading

Request your trial
116 cases
  • Citizens and Southern National Bank v. Bougas
    • United States
    • U.S. Supreme Court
    • November 8, 1977
    ...with two justices dissenting. Id., at A9. 4 The Court long ago perceived a "local-action exception" to this rule. Casey v. Adams, 102 U.S. 66, 67-68, 26 L.Ed. 52 (1880). See National Bank v. Associates of Obstetrics, 425 U.S. 460, 461-462, 96 S.Ct. 1632, 1633, 48 L.Ed.2d 92 (1976); Michigan......
  • Haile v. Henderson Nat. Bank
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • August 13, 1981
    ...Shapiro, Wechsler, Hart and Wechsler's The Federal Courts and the Federal System, p. 1111 (2d ed. 1973); see, e. g., Casey v. Adams, 102 U.S. 66, 26 L.Ed. 52 (1880); Dickey v. Turner, 49 F.2d 998 (6th Cir. 1931); Odette v. Shearson, Hammill & Co., Inc., 394 F.Supp. 946 (S.D.N.Y.1975). We th......
  • United States v. Bink
    • United States
    • U.S. District Court — District of Oregon
    • September 30, 1947
    ...McKenna v. Fisk, 1 How. 241, 42 U.S. 241, 11 L.Ed. 117; Weber Showcase & Fixture Co., Inc. v. Waugh, D.C., 42 F.2d 515. See Casey v. Adams, 102 U.S. 66, 26 L.Ed. 52; United States v. Southern Pac. R. Co., C.C., 63 F. 481; Spencer v. Kansas City Stockyards Co., C.C., 56 F. 12 28 U.S.C.A. § 1......
  • State ex rel. Eaton v. Hirst, 2047
    • United States
    • Wyoming Supreme Court
    • May 25, 1938
    ...12, U. S. Code. The Omaha National Bank had been granted such permit. Petri v. Bank, 142 U.S. 644; George v. Wallace, 135 F. 286; Casey v. Adams, 102 U.S. 66; Continental Bank v. Buford, 191 U.S. 119. Other pertinent sections are Sections 24, 29, 41 and 371, Title 12, U. S. Code. Only the U......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT