New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-15
damages Of 500 for which he pray

lsSs. d.essss Of 500 for which be pray'
Fielding Edwards VS.. c. A. Weed & Co,
ct al.-The plaintiff. Fielding Edwards. OBJ.
tanned . Judgment in this case against G. A.
Weed and J. H. Mckee, in solidO, for $l2,-
Judgment to James z. Funtz. Funtz as
signed his interest to one Thomas V. Irwin,
who caused execution to issue, and the
sheriff, w. P. Harper, to seize and advertise
for sale, among other assets, all the right,
title, and intel est of John H. Mckee, one of
the defendants, in and to the New Orleans
Times newspaper. and the right, title, and
interest of the said john H. Mckee, in and
to certain notes of William II. c. King,
chase of an interest in said New Orleans
Times newspa per, amounting to $40 900.
Mrs. Alice King filed her petition of in
PREVENTION and third opposition, in which she
alleges that she is the sole owner of the said
New Orleans Times newspaper, that she
acquired the same in December, 1872;
that the notes described in said
seizure have no existence, and that said Nc
kee has not now, and has never had any
right, title or interest in any note issued or
signed by the said w. II. C. King, her hus-
band in connection with the purchase of
the New Orleans Times; she further alleges
that said seizure and advertisement have
been made at the instance and in the inter-
est of James H. Mckee and of James E.
Zuntz. who were well aware that said Nc
kee possessed no property in the said New
Orleans Times newspaper or in said prOmis
sorry notes; that the pretended transfer to
said Irwin was without any consideration
or reality; that said Zuntz was without title
thereto at the time of said transfer, and
that at the sale under fieri facias herein
made by the sheriff May 81. 1873, the inter
est of John H. Mckee in the assets of the
bankruptcy of G. A. Weed & Co. ct al. was
sold to NJ. J. Zuntz with the full knowledge
OF James Z. Zuntz.
Intervenor and third opponent alleges and
prays for damages in the sum of $50 900.
She also prayed for and obtained an injunc
ton to prevent the sale of the property
above specified.
subsequently Mckee filed a petition in the
Fourth District Court praying for the trans
fer of the case as against him to the Circuit
Court of the United States for the district
of Louisiana. Irwin also fled a similar pc
tition, asking that the case as against him,
be transferred. Judge Lynch fixed the two
applications for hearing, and heard argu-
ments for and against the applications for
transfer, and after taking the matter under
advisement he has rendered the following
decision:
John 81. Mckee on the twenty fourth of
February, 1874. petitioned this court tor an
order for the removal of the above entitled
cause to the next term Of the Circuit Court
of the United States for the district of Lou
isiana, and that any and all further pro-
ceedings as against him in said court may
be stayed. Mckee asks for the transfer
under the act of Congress, approved July
-, 1866, entitled IAN act for the re-
moval of causes from certainsState courts"
He alleges that be is citizen of the State
of Arkansas.
James E. Zuntz and William p Harper,
citizens of Louisiana, and Thomas V. IT.
win, citizen of Pennsylvania, are co
defendants of Mckee.
The eleventh section of the judiciary act
of 1889 vests in the circuit courts original
jurisdiction of suits of civil nature, at
law and IN equity, when the matter involved
exceeds, exclusive of the costs, the sum or
value of $500, in three classes of cases:
1. When the United States are plaintiffs
or petitioners.
9. When an alien is a party
3. When q suit is betwet n a citizen of the
State where the suit is brought and citi-
zen of another State.
In the last two cases the designation of
the party, plaintiff or defendant is in the
singular number, but the designation is in
tended to embrace all the persons who are
on one side, however numerous, so that
each distinct interest must be represented |
by persons, all of whom are entitled to sue
or are liable to be sued in the federal courts. !
II Wallace, page l72.
Zuntz and Harper being co defendants in |
this case, and the suit not being sus-
ceptible of final determination with |
out making them parties to the record;
and as the intention of the said act of Con- |
gress of 1866 is, that each co-defendant must |
be liable to be sued in the Circuit Court, |
otherwise the jurisdiction of that court can
not be entertained; and as Zuntz and Har
per can not be sued therein by the plaintiff !
in injunction, Mrs. King am of opinion |
that the case is not transferable under the |
act of Congress, approved July II. 1866.
The application of j. H. Mckee for
transfer of the above numbered and en-
titled cause for trial to the Circuit Court of |
me United States, and for stay of pro-
,eedings in this court, is, therefore, refused |
with costs.
Judge Lynch also refused to grant the |
transfer applied for by Irwin.
Fifth District Court.
Charles Meduel, executor succession Of |