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DELAWARE COUNTY COMM'RS V. DIEBOLD SAFE & LOCK CO., 133 U. S. 473 (1890)

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U.S. Supreme Court

Delaware County Comm'rs v. Diebold Safe & Lock Co., 133 U.S. 473 (1890)

Delaware County Commissioners v. Diebold Safe and Lock Company

No. 39

Submitted April 26, 1859

Decided March 3, 1890

133 U.S. 473

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF INDIANA

Syllabus

Under the Act of March 3, 1875, c. 137, the restriction of the original jurisdiction of the circuit court of the United States in suits by an assignee whose assignor could not have sued in that court does not apply to a suit removed from a state court.

It is no objection to the exercise of jurisdiction by a circuit court of the United States over a suit brought by an assignee of a contract, that the assignor is a citizen of the same state as the defendant if the assignor was not a party to the suit at the time of its removal from the state court, and, being since made a party, disclaims all interest in the suit, and no further proceedings are had against him, and the complaint alleges that the defendant consented to the assignment.





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