United States v. Schofield Co.

Citations

• 239 Pa. 582
• 87 A. 14
• 1913 Pa. LEXIS 611

Syllabus

<p>Courts — Federal and State Courts — Jurisdiction—Bonds—Bonds to secure sub-contractors on government work — Statutes.</p> <p>1. Under the Acts of Congress of August 13, 1894, Chapter 280, 28 Stat. 278, and Aug. 13, 1894, Chapter 282, See. 5, 28 Stat. 279, the State Courts have concurrent jurisdiction with the Federal Courts over suits brought on bonds given prior to the Act of Congress of February 24,1905, 33 Stat. 811, by government eontractor§ to secure payment of sums due to sub-contraetors and materialmen.</p> <p>2. Tbe Act of Congress of February 24, 1905, 33 Stat. 811, giving the Federal Courts exclusive jurisdiction over suits on bonds given by government contractors to secure sub-contractors and materialmen, does not relate to or affect an action brought in a State Court by a sub-contractor whose rights accrued under a bond and contract executed prior to its passage; and the jurisdiction of the State Court will not be ousted by the fact that part of the labor and materials were furnished subsequent to the passage of the Act of 1905, if it appears that they were furnished in pursuance of the provisions of the original contract.</p>