United States ex rel. Salem-Bedford Stone Co. v. Sheridan

Citations

• 119 F. 236
• 1902 U.S. App. LEXIS 5262

Syllabus

<p>1. Federal Courts—Action on Bond of Government Contractor—Nonresident Surety.</p> <p>In view of the provisions of Act Aug. 13, 1894 (28 Stat. 279 [U. S. Comp. St. 1901, p. 2315]), which requires surety companies before they can be accepted as surety on a bond given to the United States by a contractor for government work to file a power of attorney and consent to certain conditions as to service of process and entry of appearance in the district where the bond is given, a petition against such a company as surety on a contractor’s bond in the district where it was given, where service appears to have been made on its authorized agent, is not demurrable on the ground that it is not an inhabitant of the district.</p> <p>2. Same—Jurisdiction—United States as Nominal Plaintiff.</p> <p>Under Act Aug. 13, 1894 (28 Stat. 279 [U. S. Comp. St. 1901, p. 2315]), which requires contractors for government work to give bonds conditioned' for the prompt payment of all persons supplying labor or materials in the prosecution of the work, and authorizing such persons in case of nonpayment “to bring suit in the name of the United States for his or their use and benefit against said contractor and sureties,” such a suit is not one brought by the United States as plaintiff, within the meaning of the judiciary act, so as to .give a federal court jurisdiction, without regard to-the citizenship of the parties or the amount involved, since the United States is merely a formal party, without interest, and to confer jurisdiction on a federal court there must he diversity of citizenship, and also an amount involved exceeding $2,000, exclusive of interest and costs.</p>