Feibelman v. Packard
| Decision Date | 03 December 1883 |
| Parties | FEIBELMAN, Adm'r, etc., v. PACKARD, Marshal, etc., and others |
| Court | U.S. Supreme Court |
This action was originally brought by Nathan Feibelman since deceased, and revived by his administrator, the plaintiff in error, by petition filed April 24, 1873, in the fourth district court for the parish of Orleans, in the state of Louisiana. Its object was to recover damages for unlawfully seizing and taking forcible possession of a stock of merchandise alleged by the plaintiff to have been his property and in his possession. The defendant Packard was alleged to be the marshal of the United States for the district of Louisiana, and the seizure and taking of the property is stated to have been under a claim of authority based upon a writ or warrant issued by the judge of the district court of the United States for the district of Louisiana in certain proceedings in bankruptcy instituted in that court by D. Valentine & Co. as creditors against E. Dreyfus & Co., but it is averred that the writ did not justify the acts complained of. The other defendants below were sureties on the official bond of Packard as marshal, and by an amendment to the original petition it is alleged 'that all the acts charged and complained of in said original petition by which the petitioners suffered the damages therein set forth were done by said Packard in his capacity of marshal aforesaid, and are breaches of the conditions of said bond, and give unto your petitioner this right of action on said bond against said marshal and his sureties.' On April 7, 1865, the defendants filed in the state court their petition for the removal of the cause to the circuit court of the United States for that district, accompanied by a sufficient bond, conditioned according to law, upon the ground that the suit arose under a law of the United States, but the application was denied; and thereafter, on April 22, 1875, they filed in the circuit court a petition for a writ of certiorari to remove the same into that court, which was granted. Thereafter the cause proceeded to final judgment in favor of the defendants in that court.
John Ray, for plaintiff in error.
J. R. Beckwith, for defendant in error.
The action of the circuit court in the removal of the cause from the state court is assigned for error, and is first to be considered. The suit was pending in the state court, but was not at issue, when the removal act of March 3, 1875, took effect, and the right of removal is regulated by its provisions. The ground of the removal was that the suit, being one of a civil nature at law, in which the matter in dispute, exclusive of costs, exceeded $500 in value, arose under the constitution and laws of the United States. It is clear that the circuit court did not err in directing the removal of the suit from the state court; for, if we look at the nature of the plaintiff's cause of action and the grounds of the defense, as set forth in his petition, it is apparent that the suit arose under a law of the United States. The action, as we have seen, was founded on the official bond of Packard as marshal of the United States for that district, his sureties being joined as co-defendants, and the acts complained of as illegal and injurious being charged to be breaches of its condition. The bond was required to be given by section 783, Rev. St., and section 784 expressly gives the right of action as follows:
Section 785 and 786 contain provisions...
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Allen v. Clark, 8158Y.
...arising from service of process issued out of the United States court, is clearly within these principles. See Feibelman v. Packard, 1883, 109 U.S. 421, 3 S.Ct. 289, 27 L.Ed. 984; Bachrack v. Norton, 1889, 132 U.S. 337, 10 S.Ct. 106, 33 L.Ed. 377; Lammon v. Feusier, 1884, 111 U.S. 17, 4 S.C......
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...performance of duty); Sonnentheil v. Christian Moerlein Co., 172 U.S. 401, 19 S.Ct. 233, 43 L.Ed. 492 (same); see Feibelman v. Packard, 109 U.S. 421, 3 S.Ct. 289, 27 L.Ed. 984 (same, removal case); Howard v. United States, 184 U.S. 676, 22 S.Ct. 543, 46 L.Ed. 754 (suit against surety of cle......
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...faithful performance of the duties of his office,” was one “arising under the laws of the United States”); Feibelman v. Packard, 109 U.S. 421, 424, 3 S.Ct. 289, 27 L.Ed. 984 (1883) (suit against federal marshal for alleged breach of a condition of marshal's federally-mandated bond “was plai......