Ex parte Jones

Original
Decided Filed Supreme Court of the United States
Disposition
denied
full scope · unanimous
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Court
Circuit Court for the District of Massachusetts
Filed
Decided
Judge
Mr. Justice Brown
Posture
Bill dismissed after demurrer sustained in Circuit Court
Petitioner (1)
Charles F. Jones
Mr. F. A. Brooks, Mr. Frank W. Hackett
v.
Defendants (2)
The Merchants’ National Bank, of Boston
Other parties: Swift — Judgment debtor

Overview

The petition for mandamus must be denied.

Case summary

This case involves a petition for mandamus to the Supreme Court to compel the Circuit Court of Appeals for the First Circuit to allow an appeal from its decree affirming the dismissal of a bill filed by Charles F. Jones against The Merchants’ National Bank of Boston. Jones had recovered a judgment against Swift, who paid it to the court clerk; the clerk deposited the money with the bank for Jones's benefit but declined to instruct payment. Jones filed a bill for an account, the bank demurred, and the Circuit Court sustained the demurrer and dismissed the bill. The Circuit Court of Appeals affirmed and denied Jones's application for appeal to the Supreme Court, citing final jurisdiction under the Court of Appeals act. The Supreme Court held that under the act of August 13, 1888, national banks are deemed citizens of their state of location, so Circuit Court jurisdiction over such actions depends solely on diversity of citizenship. Since Jones invoked jurisdiction on that ground, the Circuit Court of Appeals decree was final, and mandamus was denied.

Abstract

Petitioner sought mandamus to compel an appellate court to allow appeal from its affirmance of dismissal of a bill for an account against a national bank, where funds were deposited for petitioner's benefit but payment was not instructed. The lower court sustained the bank's demurrer, and the appellate court deemed its decree final under the relevant act. The Supreme Court held that national banks are citizens of their organizing state for diversity jurisdiction purposes, rendering the appellate decree final and denying mandamus.

Opinion of the court

Majority
opinion
Mr. Justice Brown
  • Act of 1888 makes national banks citizens of states where located for jurisdiction purposes
  • Circuit Court jurisdiction over national banks depends solely on diversity of citizenship
  • Circuit Court of Appeals decree is final if jurisdiction based on citizenship, even if other grounds develop later
  • Mandamus to allow appeal denied

Jurisdiction

challenged
Statutory basis
Court of Appeals act of March, 1891, section six
Subject matter
Appellate jurisdiction over final decrees of Circuit Court of Appeals
Jurisdictional holding
Jurisdiction of Circuit Court over action against national bank depends solely on diversity of citizenship under act of August 13, 1888, making Circuit Court of Appeals decree final; mandamus denied
Jurisdictional facts
  • Petition for mandamus to allow appeal from Circuit Court of Appeals for the First Circuit
  • Decree of Circuit Court of Appeals affirming dismissal of bill against national bank

Procedural posture

Posture at trial
Bill dismissed after demurrer sustained in Circuit Court
Posture on appeal
Direct appeal from Circuit Court of Appeals denial of appeal to Supreme Court via mandamus petition
Preserved issues
  • Jurisdiction of Circuit Court over national bank based on citizenship
  • Finality of Circuit Court of Appeals decree under Court of Appeals act

Subsequent history

Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed
Remand proceedings
Not applicable
Mandate issued
Not specified

Legal categories

Business

Case record

Full case name
Ex Parte JONES
Docket number
Original
Court
Supreme Court of the United States
Trial court
Circuit Court for the District of Massachusetts
Trial court judge
Not specified
Filed
Decided
Opinion author
Mr. Justice Brown
Opinion type
published
Precedential status
precedential
Judges on panel
Mr. Justice Brown

Issues & holdings

1
Issues raised
1
affirmed
2
Holdings
Standard of review

de novo

Disposition rationale

Jurisdiction of Circuit Court over national bank depends solely on diversity of citizenship under act of August 13, 1888, making Circuit Court of Appeals decree final under Court of Appeals act

Preservation

Issue preserved for review

Holdings of the court

Jurisdiction of Circuit Court over action against national bank
Since the act of August 13, 1888 took effect, jurisdiction of a Circuit Court over an action by a citizen of another State against a national bank depends solely on diversity of citizenship
Act of 1888 provides national banks are deemed citizens of states where located, depriving them of privilege to sue or be sued except based on diversity; prior acts and cases (e.g., Leather Mfrs. Bank v. Cooper) support this interpretation
unanimousbinding precedent
Finality of Circuit Court of Appeals decree
If Circuit Court jurisdiction is invoked solely on ground of citizenship, decree of Circuit Court of Appeals is final and not subject to appeal to Supreme Court, even if another ground for jurisdiction develops later
Under section six of Court of Appeals act of 1891, jurisdiction dependent entirely on citizenship makes Circuit Court of Appeals decree final; cases like Colorado Central Mining Co. v. Turck support this
unanimousbinding precedent

Error analysis

  • Circuit Court of Appeals erred in denying appeal to Supreme Court by holding its decree final — procedural · no error foundNot applicable · not applicable

Statutory interpretation

2
Statute
Act of August 13, 1888, c. 866, 25 Stat. 133, 136, section 4
Question
Whether national banks are deemed citizens of states for jurisdiction purposes
Court's reading
National banks are deemed citizens of states where located, so Circuit Court jurisdiction depends solely on diversity of citizenship
Canons applied
plain meaning
no legislative history
Statute
Court of Appeals act of March, 1891, section six
Question
Whether Circuit Court of Appeals decree is final if jurisdiction depends on citizenship
Court's reading
Decree is final if jurisdiction dependent entirely on citizenship of parties
Canons applied
plain meaning
no legislative history

Burden of proof

Prosecution burden
Not applicable
Defence burden
Not applicable
Burden met
false

Standards of review

  • Jurisdiction of Supreme Court over appeal from Circuit Court of Appeals — de novo Court reviews jurisdictional issues de novo

Timeline

Procedural path

Judgment recoveredJudgment paidFunds depositedBill filedDemurrer filedBill dismissedAppeal affirmedAppeal deniedMandamus petitionedMandamus denied
9
Events
— Not specified
Span
filingcited in opinion

Jones petitioned Supreme Court for mandamus to allow appeal from Circuit Court of Appeals

Outcome: Petition submitted

Original proceeding to challenge finality of Circuit Court of Appeals decree

Jurisdiction of Supreme Court via mandamus
Charles F. Jones · Supreme Court Supreme Court supreme court
rulingcited in opinion

Supreme Court denied mandamus petition

Outcome: Mandamus denied

Held Circuit Court of Appeals decree final due to jurisdiction based solely on citizenship

Jurisdiction under act of 1888
Mr. Justice Brown · Supreme Court Supreme Court supreme court
After August 13, 1888filingcited in opinion

Jones filed bill in Circuit Court against Merchants’ National Bank for account of money

Outcome: Bill filed

Invoked jurisdiction based on citizenship (Jones citizen of Pennsylvania, bank citizen of Massachusetts)

Jurisdiction dependent on citizenship
Charles F. Jones · Merchants’ National Bank Circuit Court for District of Massachusetts trial court
Not specifiedtrial event

Jones recovered judgment against Swift in Circuit Court for District of Massachusetts

Outcome: Judgment for Jones

Underlying debt leading to deposit with bank

Jurisdiction over subsequent bill against bank
Charles F. Jones · Swift Circuit Court for District of Massachusetts trial court
Not specifiedprocedural eventcited in opinion

Swift paid judgment to court clerk, who deposited money with Merchants’ National Bank for Jones's benefit

Outcome: Money deposited with bank

Basis for Jones's bill against bank

Jurisdiction over bill against bank
Swift · Clerk · Merchants’ National Bank Boston, Massachusetts not applicable
Not specifiedmotioncited in opinion

Bank demurred to bill

Outcome: Demurrer filed

Challenged sufficiency of bill

Jurisdiction issue
Merchants’ National Bank Circuit Court for District of Massachusetts trial court
Not specifiedrulingcited in opinion

Circuit Court sustained demurrer and dismissed bill

Outcome: Bill dismissed

Final judgment in trial court

Jurisdiction and merits
Circuit Court judge Circuit Court for District of Massachusetts trial court
Not specifiedappeal eventcited in opinion

Jones appealed to Circuit Court of Appeals, which affirmed dismissal

Outcome: Decree affirmed

Circuit Court of Appeals exercised jurisdiction

Finality of Circuit Court of Appeals decree
Charles F. Jones · Circuit Court of Appeals for First Circuit Circuit Court of Appeals for First Circuit appellate court
Not specifiedappeal eventcited in opinion

Jones applied for appeal to Supreme Court, denied by Circuit Court of Appeals

Outcome: Appeal denied

Circuit Court of Appeals held decree final under Court of Appeals act

Jurisdiction of Supreme Court via appeal
Charles F. Jones · Circuit Court of Appeals for First Circuit Circuit Court of Appeals for First Circuit appellate court

Facts & evidence

Incident

Date
Not specified
Location
Boston, Massachusetts

Key facts

8 facts
  1. Jones recovered judgment against Swift in Circuit Court for District of Massachusetts
  2. Swift paid judgment to court clerk, who entered satisfaction
  3. Clerk deposited money with Merchants’ National Bank for Jones's benefit
  4. Clerk declined to instruct bank to pay money to Jones
  5. Jones filed bill against bank for account of money
  6. Bank demurred to bill, court sustained demurrer and dismissed bill
  7. Circuit Court of Appeals affirmed dismissal
  8. Circuit Court of Appeals denied Jones's application for appeal to Supreme Court

Disputed questions

  • Whether jurisdiction of Circuit Court over national bank depends solely on diversity of citizenship

Procedural history

5 steps
  1. Jones filed bill in Circuit Court against Merchants’ National Bank
  2. Bank demurred, Circuit Court sustained demurrer and dismissed bill
  3. Jones appealed to Circuit Court of Appeals, which affirmed
  4. Jones applied for appeal to Supreme Court, denied by Circuit Court of Appeals
  5. Jones petitioned Supreme Court for mandamus to allow appeal

Evidence in the record

Documentary
  • Original bill filed by Jones
  • Demurrer by bank
  • Decree of Circuit Court dismissing bill
  • Decree of Circuit Court of Appeals affirming dismissal
  • Application for appeal to Supreme Court denied by Circuit Court of Appeals

Objects of relevance

Money deposited with Merchants’ National Bank by court clerk

Policy considerations

  • Balancing federal jurisdiction over national entities with state citizenship principles
  • Finality in appellate process to prevent protracted litigation

Authorities

Cited authorities (9)

Osborn v. United States Bank, 9 Wheat. 738, 819
distinguishedprecedent
Cited as precedent that suits against corporations under acts of Congress arise under federal laws
at 9 Wheat. 738, 819 applied to United States Bank more than seventy years ago
Pacific Railroad Removal cases, 115 U. S. 1
distinguishedprecedent
Cited as applying doctrine to railways chartered under acts of Congress
at 115 U. S. 1 more recently to railways chartered under acts of Congress
Northern Pacific Railroad v. Amato, 144 U. S. 465
distinguishedprecedent
Cited as applying doctrine after Court of Appeals act
at 144 U. S. 465 even since the Court of Appeals act was passed
Union Pacific Railway v. Harris, 158 U. S. 326
distinguishedprecedent
Cited as applying doctrine after Court of Appeals act
at 158 U. S. 326 even since the Court of Appeals act was passed
Leather Mfrs. Bank v. Cooper, 120 U. S. 778
followedquotedprecedent
Cited as holding under act of 1882, national banks cannot remove to federal court unless similar to state bank
at 120 U. S. 778 under the act of 1882, which was similar in its terms
Whittemore v. Amoskeag Nat. Bank, 134 U. S. 527
followedprecedent
Cited as following Leather Mfrs. Bank
at 134 U. S. 527
Petri v. Commercial Bank, 142 U.S. 644
followedprecedent
Cited as following Leather Mfrs. Bank
at 142 U.S. 644
Colorado Central Mining Co. v. Turck, 150 U. S. 138
followedprecedent
Cited as holding Circuit Court of Appeals decree final if jurisdiction invoked solely on citizenship
at 150 U. S. 138
Borgmeyer v. Idler, 159 U. S. 408
followedprecedent
Cited as following Colorado Central Mining Co.
at 159 U. S. 408

Related cases (9)

Osborn v. United States Bank, 9 Wheat. 738, 819
prior appeal
Held suits against corporations under acts of Congress arise under federal laws
Pacific Railroad Removal cases, 115 U. S. 1
prior appeal
Applied doctrine to railways chartered under acts of Congress
Northern Pacific Railroad v. Amato, 144 U. S. 465
prior appeal
Applied doctrine after Court of Appeals act
Union Pacific Railway v. Harris, 158 U. S. 326
prior appeal
Applied doctrine after Court of Appeals act
Leather Mfrs. Bank v. Cooper, 120 U. S. 778
prior appeal
Held under act of 1882, national banks cannot remove to federal court unless similar to state bank
Whittemore v. Amoskeag Nat. Bank, 134 U. S. 527
prior appeal
Followed Leather Mfrs. Bank
Petri v. Commercial Bank, 142 U.S. 644
prior appeal
Followed Leather Mfrs. Bank
Colorado Central Mining Co. v. Turck, 150 U. S. 138
prior appeal
Held Circuit Court of Appeals decree final if jurisdiction invoked solely on citizenship
Borgmeyer v. Idler, 159 U. S. 408
prior appeal
Followed Colorado Central Mining Co.

Statutes

  • Act of August 13, 1888, c. 866, 25 Stat. 133, 136, section 4
  • Court of Appeals act of March, 1891, section six
  • Act of July 12, 1882, c. 290, 22 Stat. 162
  • Act of March 3, 1887, c. 373, 21 Stat. 552

Standards & doctrines

  • De novo review for jurisdictional issues
  • Doctrine that suits against federal corporations arise under federal laws (overruled by statute for national banks)

Legal principles applied

  • National banks treated as state citizens for diversity jurisdiction under federal statute
  • Initial jurisdictional invocation controls appealability even if other grounds arise later

Notable quotes

“Since the act of August 13, 1888, c. 866, took effect, the jurisdiction of a Circuit Court of the United States over an action brought by a citizen of another State against a national bank established and doing business in a State within the circuit, depends upon citizenship alone”
Mr. Justice Brown — Stating holding on jurisdiction over national banks
Key interpretation of act of 1888 affecting federal court jurisdiction
“if that jurisdiction be invoked on that ground, the jurisdiction of the Court of Appeals of the circuit is final, even though another ground for jurisdiction in the Circuit Court be developed in the course of the proceedings”
Mr. Justice Brown — Explaining finality of Circuit Court of Appeals decree
Clarifies that initial jurisdictional basis controls appealability
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Entities and documentation
Legal actions
Action type
denied
Target
Petition for mandamus to allow appeal to Supreme Court
Appealed from
Circuit Court of Appeals for First Circuit
Context
Supreme Court denied mandamus petition, holding Circuit Court of Appeals decree final due to jurisdiction based solely on citizenship under act of 1888
Scope
full
Further instructions
None
Disposition vote
unanimous
Action type
affirmed
Target
Decree of Circuit Court of Appeals affirming dismissal of bill
Appealed from
Circuit Court for District of Massachusetts
Context
Circuit Court of Appeals affirmed dismissal, and Supreme Court upheld this as final under Court of Appeals act
Scope
full
Further instructions
None
Disposition vote
unanimous
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