Herrmann v. Edwards
Citations
- 238 U.S. 107
- 35 S. Ct. 839
- 59 L. Ed. 1224
- 1915 U.S. LEXIS 1606
Syllabus
<p>The rule that, in the absence of diversity of citizenship, jurisdiction of the District Court over a suit depends upon whether there is a Federal cause of action stated in the bill applies to suits against national banks and their directors.</p> <p>Under the act of August 13, 1888, the Federal courts have not, in the absence of diverse citizenship, jurisdiction of a suit by a stockholder against directors of a national bank and the bank to compel the directors to reimburse the bank for wrongfully investing its funds, nor has the District Court any jurisdiction of such a suit under paragraph 16 of § 24, Judicial Code.</p> <p>The intention of Congress to make such a radical change in the rule prevailing for many years as to confer jurisdiction on the Federal courts of all suits by and against national banks will not be presumed in the absence of clear manifestation of such purpose.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding national bank with branch in Oregon was not citizen thereof for diversity purposes under predecessor of section 1348
- explaining that § 1348's initial precursor was designed to prevent NBAs from using the fact that they are charted under a federal statute as a basis to claim federal question jurisdiction for all cases in which they are involved
- explaining that § 1348’s initial precursor was designed to prevent NBAs from using the fact that they are charted under a federal statute as a basis to claim federal question jurisdiction for all cases in which they are involved
- reaffirming in interpretation of 1911 statute the longstanding principle that “because a corporation was a national bank, created under an act [of] Congress, gave it no greater right to remove a case than if it had been organized under a state law”
Source: CourtListener parenthetical corpus (CC0).
Judges: White
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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