Palmer v. Scriven

U.S. Circuit Court for the Southern District of Georgia

Palmer v. Scriven

21 F. 354, 1884 U.S. App. LEXIS 2388

CourtU.S. Circuit Court for the Southern District of Georgia

DecidedApril 26, 1884

StatusPublished

This text of 21 F. 354 (Palmer v. Scriven) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the Southern District of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Palmer v. Scriven, 21 F. 354, 1884 U.S. App. LEXIS 2388 (circtsdga 1884).

Pincite

Opinion

Pardee, J.,

[orally.) Permission to sue must be given by the equity court. Such permission cannot confer jurisdiction upon any other court, ratione materim or ratione persona. In this case, the permission being obtained from the court of equity, this suit was permitted only to be brought in that court. There is no permission to sue [355]*355in this court on the law side. This court, as a court of law, is without jurisdiction, so far as the record shows, by reason of the citizenship of the parties, and consequently has no jurisdiction in the case. Motion granted.’

Locke, J., concurs.

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Pardee, J.,

[orally.) Permission to sue must be given by the equity court. Such permission cannot confer jurisdiction upon any other court, ratione materim or ratione persona. In this case, the permission being obtained from the court of equity, this suit was permitted only to be brought in that court. There is no permission to sue [355]*355in this court on the law side. This court, as a court of law, is without jurisdiction, so far as the record shows, by reason of the citizenship of the parties, and consequently has no jurisdiction in the case. Motion granted.’

Locke, J., concurs.

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Bluebook (online)

21 F. 354, 1884 U.S. App. LEXIS 2388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-scriven-circtsdga-1884.