McKee v. Brooks

Citations

• 64 Tex. 255

Syllabus

<p>1. Removal to United States circuit court — United States marshal’s bond — United States Revised Statutes, articles 783 and 784 — To determine the liability of a United States marshal and his sureties on his official bond, for a trespass alleged to have been committed by the marshal in his official capacity, resort must be had to article 783 of the United States Revised Statutes. To ascertain whether or not a party aggrieved by the breach of the conditions of such bond may recover damages against the marshal and his sureties, and the extent to which damages may be allowed, resort must be had to the next article of the same statutes.</p> <p>2. Same.— In the absence of a provision to that effect in the laws of the United States, no recovery could be had against the marshal or his sureties. It would, therefore, be necessary to construe the two above named articles, if not others, in determining the right of a plaintiff to sue for such a trespass.</p> <p>3. Same. — A suit which cannot be prosecuted, defended or determined without a resort to these articles of the Revised Statutes of the United States, and a construction of them, is a suit arising under the laws of the United States, as decided in Feibelman v. Packard, 109 U. S., 421.</p> <p>4. Decision of United States supreme court binding. — The supreme court of the United States, on questions of this character, has appellate jurisdiction upon a writ of error to a state court, and its decisions are therefore binding; so it is not necessary or proper for this court to consider this as an original question.</p> <p>5. Case reviewed.— In the case of Feibelman v. Packard the United States supreme court held that an action against a United States marshal for seizing a stock of goods under the authority of a writ from a district court of the United States in proceedings in bankruptcy, the suit being on his official bond, and the sureties therein being joined as co-defendants, was a civil suit arising under the constitutio