United States v. Illinois Surety Co.

Citations

• 253 Pa. 557
• 98 A. 730
• 1916 Pa. LEXIS 890

Syllabus

<p>Jurisdiction, O. P. — State and Federal courts — Act of February U, 1905, S3 U. S. Stat. 811, c. 778.</p> <p>The Courts of Common Pleas have no jurisdiction of an action brought in the name of the United States under the Act of Congress of February 24, 1905, 33 U. S. Stat. 811, c. 778, upon a bond given by a surety to a contractor with the United States government, conditioned for the payment of labor and material; and the fact that an affidavit of defense is filed in such case does not give the court jurisdiction or waive the defendant’s right subsequently to raise the question of lack of jurisdiction. Such action must be brought in the United States Circuit Court.</p>