Colvin v. Jacksonville (158 U.S. 456)

by Melville Fuller

United States Supreme Court

158 U.S. 456

Colvin  v.  Jacksonville

This was a bill filed by John H. Colvin, a citizen of the state of Illinois, on May 8, 1894, against the city of Jacksonville, Fla., and its mayor, in the circuit court of the United States for the Northern district of Florida, to enjoin and restrain the is ue, sale, delivery, pledge, or other disposition of a certain issue of bonds, to the amount of $1,000,000.

By the act of congress entitled 'An act to change the boundaries of the judicial districts of the state of Florida,' approved July 23, 1894 (28 Stat. 117, c. 149), the county of Duval, in which the city of Jacksonville is situated, was detached from the Northern district of the state, and attached to the Southern district thereof.

The bill was dismissed by the circuit court, December 4, 1894, for want of jurisdiction, and an appeal prayed and allowed to this court; and, being docketed, the case was dismissed April 1, 1895, because of the absence of a certificate of the circuit court, in accordance with section 5 of the judiciary act of March 3, 1891. Colvin v. City of Jacksonville, 157 U.S. 368, 15 Sup. Ct. 634. Thereupon, plaintiff prayed a second appeal, which was allowed, and a certificate on the question of jurisdiction to this court signed, April 11, 1895; and the cause, having been again docketed, was submitted as under the thirty-second rule.

H. Bisbee, for appellant.

A. W. Cockrell and J. C. Cooper, for appellees.

Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.

Notes