Ex parte Smith
Decision Date | 01 October 1876 |
Citation | 24 L.Ed. 165,94 U.S. 455 |
Parties | EX PARTE SMITH |
Court | U.S. Supreme Court |
PETITION for a mandamus to the Circuit Court of the United States for the Western District of Tennessee.
Mr. S. P. Walker and Mr. Thomas H. Sneed, for the petitioners.
The relators, citizens of the State of Tennessee, sued Lewis Anderson, also a citizen of that State, Dec. 31, 1873, in the Circuit Court of the United States for the Western District of Tennessee, to recover possession of certain lands in that district to which they claimed title in fee through a certificate of the United States direct tax commissioners, under the approved June 7, 1862, 12 Stat. 422. The declaration is as follows:——
Summons was served April 24, 1874, and, June 12, Anderson moved to dismiss the suit for want of jurisdiction, as the parties were all citizens of Tennessee. This motion was granted March 1, 1877; and the value of the property in dispute being, as is alleged, less than $5,000, Smith and Hurst now ask for a mandamus requiring the Circuit Court to take jurisdiction, and hear and determine the cause upon its merits.
Jurisdiction is claimed for the Circuit Court under sect. 2 of 'An Act further to provide for the collection of duties on imports,' approved March 2, 1833, 4 Stat. 632, which provides 'that the jurisdiction of the circuit courts of the United States shall extend to all cases, in law or equity, arising...
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