CASEY V. ADAMS, 102 U. S. 66 (1880)

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U.S. Supreme Court

Casey v. Adams, 102 U.S. 66 (1880)

Casey v. Adams

102 U.S. 66


Actions, local in their nature, may be maintained in the proper state court against a national banking association in a county or a city other than that where it is established.

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

Page 102 U. S. 67

& 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.

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