Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-05-25
Crow Bar Bill.

Crow Bar Bill.
We find the following report of the Crow Bar
Billcase pending in the the Circuit Court of the
u. 8. for the District of Ohio at the April Term,
1853. in the Statesman of Friday:
'oH' G: ,I DEsHIHH' Ren1evin.
GEORGE c. DODGE.
Motion to dismiss Suit for scant Of Jurisdiction in
the Federal Conrt.
The facts upon which the motion was predecat-
ed, are as follows:
On the 26th of March last, at O'Clock, p M,
the defendant, Dodge, Treasurer of Cuyahoga
county, entered the vaults of sundry Banks in the
City of Cleveland, and seized sufficient amount
of bank bills then belonging to said banks to sat
isfy the taxes assessed against them for the year
1852. -
These bank bills he removed and deposited for
safe keeping in the Office of the Cleveland Insur-
ance Co. ;'s so
Afterwards, and at about the hour Of four O'Clock
P. NJ. the Plaintiff, John G. Desher, entered in
to negotiation with the officers Of the several
banks to purchase said bank bills thus seized and
already in possession of the Treasurer. The bar
gain was speedily consumnlated, inasmuch as the
attorney of one of the banks had, the day before,
procured the Deputy Clerk of the U. s. Court to
come from Columbus to Cleveland, and he was
kept in waiting with the seal of the Court to issue
writ of Replevin so soon as the Treasurer
should seize any bank property to satisfy the tax
they had refused to pay; and it now became nec-
essary to manufacture plaintiff for the projected
suit s a F '75
An assignment was executed by the several
banks to Deshler, conveying to him the bank
bills then said to be in the possession of Geo. C.
Dodge, the Treasurer. #
Immediately upon the execution of this assign
ment, Deshler repaired to the office of the U. s.
Commissioner and made an affidavit that he
had good right to the possession of said bank bills
and that the same are wrongfully detained by the
said George C. Dodge, and that the same were
not taken for the payment of any tax assessed a.
gainst the said Deshler," &C., &c.
Upon the strength of of this affidavit, the Dep.
uty Clerk of the U. S. Court, then i'll CLEVELAND
for the very purpose, as sworn to by Mr. Bishop
the bank attorney put the seal to blank writ
brought from Columbus with VIM. Miners sigma.
ture appended, and Immediately thereafter, the
safe of the Insurance Company was beseiged by
the Deputy Marshall, with posse of bank Presi
DENTS, Cashiers, Directors and Attorneys, who
threatened to use the @crow bar" unless the key
should be forthcoming within given space o
time. .s-E 5s-,t - a4 e
To escape violence, the officers of the institu
tion. produced the key, when the strong box was
opened and the bankb were taken from thence
and committed to the hands of Deshler.
The foregoing are the facts that are before the
Court uncontroverted and uncontrovertable, ane
they lie at the foundation of the motion to dis
miss the suit.
Will the members of the legal profession
in Ohio, consider these facts in connexion with
the 18th section of the Judiciary act of 1889
ssthat no District Circuit Court, shall have cog
nizance ofany suit to recover the contents of any
promissory note or other chose in action, in favo
ofan assignee, unless suit might have beer
tents if no assignment had been made''-togethel
with the series ofsdecsions made by the Supreme
Court of the United States touching the true con
struetion of the same, commencing with the cast
of Tere and Laralde VS.. Pilot and others,6 Crancl
332 and ending with that of Shelton VS.. Sill,
Howard 44l-and then tell me whether the bank
be not using croU bars to break down State
institutionsa 5s-'t S@ @ MACON.