Venue: |
SCOTUS
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Facts: |
Sill wants to recover the amount of a bond and mortgage that had been
assigned to him by the Bank of Michigan. |
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Posture: |
Sheldon says that because the bond was initially given from one
Michiganer to another, there's no federal jurisdiction here.
Apparently the lower court thought there was jurisdiction. |
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Issue: |
Is there jurisdiction? Does § 11 of the Judiciary Act, which
keeps the court from taking suits "to recover the contents of
promissory notes or other choses in favor of an assignee, unless
a suit might have been prosecuted in that court to recover the
contents" bar this suit? Is the judiciary act in conflict with
the constitution?
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Holding: |
No. Yes. No. Reversed. |
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Rule: |
Courts created by statute can have no jurisdiction but what the statute
confers. |
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Reasoning: |
The Judiciary Act forbids the courts from taking jurisdiction when
the parties are thus situated. The constitution defines the outer
limits of judicial power, but doesn't tell congress how much of it
to dole out. As long as the jurisdiction grant doesn exceed the
constitution, there's no conflict. |
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Dicta: |
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