Victor Sewing-Mach. Co. v. Mingus

U.S. Circuit Court for the District of Western Pennsylvania

Victor Sewing-Mach. Co. v. Mingus

28 F. Cas. 1179, 25 Pitts L.J. 125, 1878 U.S. App. LEXIS 2078

CourtU.S. Circuit Court for the District of Western Pennsylvania

DecidedMarch 2, 1878

StatusPublished

This text of 28 F. Cas. 1179 (Victor Sewing-Mach. Co. v. Mingus) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Western Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Victor Sewing-Mach. Co. v. Mingus, 28 F. Cas. 1179, 25 Pitts L.J. 125, 1878 U.S. App. LEXIS 2078 (circtwdpa 1878).

Pincite

Opinion

THE COURT

held the plea bad on the ground that the damages laid in the declaration constituted the criterion as to jurisdiction,—Martin v. Taylor [Case No. 9,166]; Sherman v. Clark [Id. 12,763]; McKENNAN, Circuit Judge, remarking that inasmuch as the act of assembly, relative to suits on bonds to secure the performance of agreements, authorized the entry of judgment for the full amount of the penalty, execution to be restrained to the damages assessed for the breach, it would be a strange anomaly that the court could not entertain jurisdiction of a cause in which, if successful, the plaintiff could have judgment for one thousand dollars. Demurrer sustained.

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THE COURT

held the plea bad on the ground that the damages laid in the declaration constituted the criterion as to jurisdiction,—Martin v. Taylor [Case No. 9,166]; Sherman v. Clark [Id. 12,763]; McKENNAN, Circuit Judge, remarking that inasmuch as the act of assembly, relative to suits on bonds to secure the performance of agreements, authorized the entry of judgment for the full amount of the penalty, execution to be restrained to the damages assessed for the breach, it would be a strange anomaly that the court could not entertain jurisdiction of a cause in which, if successful, the plaintiff could have judgment for one thousand dollars. Demurrer sustained.

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Bluebook (online)

28 F. Cas. 1179, 25 Pitts L.J. 125, 1878 U.S. App. LEXIS 2078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victor-sewing-mach-co-v-mingus-circtwdpa-1878.