Schurmeier v. Connecticut Mut. Life Insurance

Citations

• 137 F. 42
• 69 C.C.A. 22
• 1905 U.S. App. LEXIS 4537

Syllabus

<p>1. Executors and Administrators—Claims Against Estates—Federal Courts—Concurrent Jurisdiction.</p> <p>The federal courts have concurrent jurisdiction with the courts of the states to hear and allow 'claims against the estates of deceased persons which involve controversies over the requisite amounts between citizens of different states, notwithstanding the fact that the states have by their legislation- conferred exclusive jurisdiction to hear and adjudge such ■claims upon their probate or other state courts.</p> <p>[Ed. Note.—For cases in point, see vol. 13, Cent. Dig. Courts, § 1410.]</p> <p>2. Same—Practice—Federal Courts—Distinction Between Law and Equity.</p> <p>In the national courts an action at law cannot be maintained in equity, nor is an equitable cause of action nor an equitable defense available at law.</p> <p>, [Ed. Note.—For cases in point, see vol. 13, Cent. Dig. Courts, § 913.]</p> <p>3. ' Same—Federal Courts—Action at Law for Allowance op Claim.</p> <p>An action at law may be maintained in a federal court to secure the allowance of a claim against an estate and a certificate of 'it t« the proper state court for payment in its class, when the action is commenced within the timo limited by the statute'or by the order of the state court for the presentation of claims against the estate, and 'no relief in equity is requisite to permit the allowance of the claim.</p> <p>4. Samp—Federal Courts—Suit in Equity .Indispensable to Allowance • op Claim.</p> <p>When, in the federal courts, the allowance of a claim for good cause shown out of the time limited, or the extension of such time for such a cause, or other relief which can be secured by the exercise of the judgment of a chancellor only, is indispensable, resort must be ,had to a suit in equity to invoice the jurisdiction of the national courts over the estates of deceased persons which they derive from the English Court of Chancery.</p> <p>5. Same—Federal Courts Governed by Same Rules as Local Tribun