EX PARTE JONES, 164 U. S. 691 (1897)

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U.S. Supreme Court

Ex Parte Jones, 164 U.S. 691 (1897)

Ex Parte Jones

Submitted December 7, 1898

Decided January 4, 1897

164 U.S. 691


Since the Act of August 13, 1888, c. 866, took effect, the jurisdiction of a circuit court of the United States over an action brought by a citizen of another state against a national bank established and doing business in a state within the circuit depends upon citizenship alone, and if that jurisdiction be invoked on that ground, the jurisdiction of the court of appeals of the circuit is final, even though another ground for jurisdiction in the circuit court be developed in the course of the proceedings.

This was a petition for an order to show cause why a writ of mandamus should not issue to the Court of Appeals for the First Circuit to allow an appeal to this Court from a decree of that court affirming a decree of the Circuit Court for the District of Massachusetts dismissing the bill of Charles F. Jones against The Merchants' National Bank of Boston, and also for a citation to such bank to appear and show cause why such decree should not be corrected.

The petition set forth, in substance, that petitioner recovered a judgment in the Circuit Court for the District of Massachusetts against one Swift for the sum of $18,876.82 upon an action for contract; that Swift paid the amount of the judgment to the clerk of the court, who entered satisfaction of the same; that the money so received by the clerk was deposited with the Merchants' National Bank for the benefit of petitioner, as he claims; that the clerk declined to instruct the bank to pay the money over, whereupon petitioner brought

Page 164 U. S. 692

his bill against the bank for an account of such money, to which bill the bank demurred; that the court sustained the demurrer and dismissed his bill, whereupon petitioner appealed to the circuit court of appeals, which affirmed the decree of the circuit court.

Petitioner then claimed an appeal to this Court, and presented an application for the allowance of such appeal to the court of appeals, which was denied, and he thereupon made this application for a mandamus to allow the appeal.

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