Hughes v. Green

No. 3,414
Decided Circuit Court, D. Colorado
Disposition
dismissed
full scope · unanimous
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Court
District court of Pitkin county
Decided
Judge
HALLETT, District Judge
Posture
Motion to dismiss pending in federal court
Complainant (1)
Felix T. Hughes
H. M. Orahood, for complainant
v.
Respondents/Defendantss (2)
Thomas A. Green and others
T. A. Green, per se

Overview

The bill is dismissed at complainant's cost. Complainant, having elected to proceed in state court under the Act of 1887, cannot renew the controversy in federal court.

Case summary

Felix T. Hughes, an Iowa resident, filed a mortgage foreclosure action in Pitkin County, Colorado state court in July 1895 against Colorado residents. He subsequently filed a similar suit in federal court in October 1895, which was dismissed in May 1896 because he had elected the state court forum under the Act of 1887. Hughes then dismissed the state court suit without defendants' consent and filed a new federal suit in June 1896. The Circuit Court dismissed this latest suit, holding that Hughes's election of the state court forum was binding and could not be circumvented by dismissal and refiling in federal court, regardless of the effectiveness of the state court dismissal under Colorado procedure.

Abstract

Plaintiff filed a mortgage foreclosure action in state court and then in federal court, but the federal suit was dismissed due to prior election of the state forum under the Act of 1887. After dismissing the state suit without defendants' consent, plaintiff refiled in federal court, which was again dismissed as the initial state forum election was binding and could not be circumvented. The bill was dismissed at complainant's cost, barring renewal of the controversy in federal court.

Opinion of the court

Majority
opinion
HALLETT, District Judge
  • Election of state court forum under Act of 1887 is binding
  • Complainant cannot change forums after election to seek more favorable jurisdiction
  • Effectiveness of state court dismissal under state procedure is irrelevant to federal jurisdiction

Jurisdiction

challenged
Statutory basis
Act of 1887, § 2 (25 Stat. 434)
Subject matter
Federal court jurisdiction based on diversity of citizenship
Jurisdictional holding
Court dismissed the bill for lack of jurisdiction due to complainant's prior election to sue in state court
Jurisdictional facts
  • Complainant was a citizen and resident of Iowa
  • Respondents were citizens and residents of Colorado

Procedural posture

Posture at trial
Motion to dismiss pending in federal court
Posture on appeal
Not an appeal; original proceeding in Circuit Court
Preserved issues
  • Whether complainant could bring suit in federal court after electing state court forum
Forfeited issues
  • Effectiveness of dismissal in state court under state procedural rules

Legal categories

BusinessEstate Planning and Real Estate

Case record

Full case name
HUGHES v. GREEN et al.
Docket number
No. 3,414
Court
Circuit Court, D. Colorado
Trial court
District court of Pitkin county
Trial court judge
Not specified
Decided
Opinion author
HALLETT, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
HALLETT, District Judge

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

de novo

Disposition rationale

Complainant's election of state court forum is binding and cannot be circumvented by dismissal and refiling in federal court

Preservation

Issue preserved for review

Holdings of the court

Election of forum under Act of 1887
A nonresident who elects to bring suit in state court under Act of 1887, § 2 cannot thereafter dismiss that suit without defendants' consent and bring suit in federal court
Once complainant elected state court forum, he was bound by that election and could not change forums to gain more favorable jurisdiction, regardless of whether the state court dismissal was effective under state procedure
unanimousbinding precedent

Error analysis

  • Complainant's attempt to litigate in federal court after electing state court forum — procedural · error foundNot applicable as error was jurisdictional · not applicable

Statutory interpretation

1
Statute
Act of 1887, § 2 (25 Stat. 434)
Question
Whether election of state court forum is binding and prevents subsequent federal suit
Court's reading
Election of state court forum is binding and complainant cannot thereafter bring suit in federal court for same cause
Canons applied
Plain meaning
no legislative history

Standards of review

  • Interpretation of Act of 1887 and election doctrine — de novo Legal interpretation of federal statute and jurisdictional requirements

Timeline

6
Events
383
Days, incident to ruling
—
Span
filingcited in opinion

Felix T. Hughes files bill to foreclose mortgage in district court of Pitkin county, Colorado

Outcome: Suit pending

Complainant's election of state court forum under Act of 1887

Election of forum under Act of 1887
Felix T. Hughes · Thomas A. Green Pitkin county, Colorado trial court
filingcited in opinion

Hughes files bill for same cause in federal court (No. 3,313)

Outcome: Filed

Attempt to change forum after electing state court

Election of forum under Act of 1887
Felix T. Hughes · Thomas A. Green Circuit Court, D. Colorado trial court
procedural eventcited in opinion

Hughes dismisses state court suit without defendants' consent

Outcome: Dismissal attempted

Attempt to circumvent election doctrine

Election of forum under Act of 1887
Felix T. Hughes · Thomas A. Green District court of Pitkin county trial court
1896-05-35rulingcited in opinion

Federal court dismisses No. 3,313 because complainant had elected state court forum

Outcome: Dismissed

Court enforces election doctrine under Act of 1887

Election of forum under Act of 1887
HALLETT, District Judge · Felix T. Hughes · Thomas A. Green Circuit Court, D. Colorado trial court
filingcited in opinion

Hughes files new federal suit (No. 3,414) for same cause

Outcome: Filed

Second attempt to litigate in federal court after electing state court

Election of forum under Act of 1887
Felix T. Hughes · Thomas A. Green and others Circuit Court, D. Colorado trial court
hearingcited in opinion

Circuit Court hears motion to dismiss No. 3,414 and issues oral opinion

Outcome: Bill dismissed

Final ruling enforcing election doctrine

Election of forum under Act of 1887
HALLETT, District Judge · H. M. Orahood · T. A. Green Circuit Court, D. Colorado trial court

Facts & evidence

Incident

Location
Pitkin county, Colorado

Key facts

6 facts
  1. Complainant filed a mortgage foreclosure suit in Pitkin county district court on July 12, 1895
  2. Complainant then filed a similar suit in federal court (No. 3,313) on October 23, 1895
  3. Federal suit No. 3,313 was dismissed on May 35, 1896 because complainant had elected state court forum
  4. Complainant dismissed the state court suit on May 29, 1896 without defendants' consent
  5. Complainant filed new federal suit (No. 3,414) on June 29, 1896
  6. Defendants filed a cross complaint in the state court action

Disputed questions

  • Whether the dismissal in state court was effective under Colorado Code of Procedure § 166
  • Whether complainant could change forums after electing state court

Procedural history

6 steps
  1. July 12, 1895: Hughes files suit in Pitkin county district court
  2. October 23, 1895: Hughes files suit in federal court (No. 3,313)
  3. May 35, 1896: Federal court dismisses No. 3,313 due to pending state court action
  4. May 29, 1896: Hughes dismisses state court suit without defendants' consent
  5. June 29, 1896: Hughes files new federal suit (No. 3,414)
  6. July 29, 1896: Circuit Court hears motion to dismiss No. 3,414

Evidence in the record

Documentary
  • Mortgage on mining property in Pitkin county
Challenged
  • Evidence type: Dismissal of state court suit · Challenge basis: Colorado Code of Procedure § 166 requiring defendant consent when cross complaint filed · Trial court ruling: admitted · Reasoning: Court considered the dismissal but found it irrelevant to the election doctrine issue · Challenged on appeal: false · Appellate outcome: not applicable

Objects of relevance

Mining property in Pitkin county, Colorado

Authorities

Cited authorities (1)

75 Fed. 691
followedprecedent
Reference to prior dismissal of federal suit No. 3,313
at Not specified Dismissal of earlier federal suit

Related cases (1)

75 Fed. 691
prior appeal
Dismissal of federal suit No. 3,313

Statutes

  • Act of 1887, § 2 (25 Stat. 434)
  • Colorado Code of Procedure § 166

Standards & doctrines

  • Election doctrine under Act of 1887
  • Concurrent jurisdiction principles

Legal principles applied

  • Election of forum is binding and cannot be circumvented by dismissal and refiling
Index terms63
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Entities and documentation
Legal actions
Action type
dismissed
Target
Bill No. 3,414 in federal court
Appealed from
Not applicable
Context
Court dismissed the bill because complainant had elected state court forum under Act of 1887 and could not change forums
Scope
full
Further instructions
At complainant's cost
Disposition vote
unanimous
Action type
dismissed
Target
Bill No. 3,313 in federal court
Appealed from
Not applicable
Citation
75 Fed. 691
Context
Prior dismissal because complainant had elected state court forum
Scope
full
Further instructions
Not specified
Disposition vote
unanimous
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