Mississippi Mills v. Cohn

by David Josiah Brewer

United States Supreme Court

150 U.S. 202

Mississippi Mills  v.  Cohn

Statement by Mr. Justice BREWER:

The facts in this case are as follows: On March 29, 1881, Joel Wood and William H. Lee, citizens of the state of Missouri, partners as Wood & Lee, obtained a judgment in the eighth district court of the parish of East Carroll, La., against Simon Cohn, a citizen of the state of Louisiana, for $529.25, with interest, for goods sold by them to him on October 30, 1880. On April 2, 1881, S. B. Newman and S. D. Stockman, composing the firm of S. B. Newman & Co., also obtained a judgment in the same court against said Cohn for $24,282.16, which judgment, subject to a credit of $5,452, the proceeds of certain attachment proceedings accompanying the action, was duly assigned to Wood & Lee. Newman and Stockman were both citizens of Louisiana. On November 30, 1885, Wood & Lee filed their bill in equity in the circuit court of the United States for the western district of Lousiana against Simon Cohn, his wife, Fannie Cohn, and his wife's mother, Henrietta Steinhardt, all citizens of Louisiana, the purpose and object of which was to set aside, as fraudulent, a judgment in favor of Mrs. Cohn against Simon Cohn, and to subject certain property standing in the name of Mrs. Steinhardt, and alleged to be the property, in fact, of Simon Cohn, to the payment of these judgments. On July 11, 1882, the Mississippi Mills, a corporation organized under the laws of the state of Mississippi, obtained a judgment in the eighth district court of the parish of East Carroll, La., against Simon Cohn, for $751.46. On July 5, 1883, it commenced in that court a suit of substantially the same nature as that commenced by Wood & Lee. This suit was duly removed to the circuit court of the United States for the Western district of Louisiana. After such removal, and on October 29, 1886, these cases were consolidated by an order of the circuit court, and from that time on they proceeded as one case. Pleadings having been perfected, and proofs taken, the consolidated case was submitted to the circuit court, and on July 18, 1889, a decree was entered dismissing the bills of plaintiffs for want of jurisdiction. To reverse this decree of dismissal, appellants have brought their appeal to this court.

Edward Cunningham, Jr., for appellants.

Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.

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