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Williams v. Nottawa, 104 U.S. 209 (1881)

Williams v. Nottawa

104 U.S. 209

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF MICHIGAN

Syllabus

1. Under the fifth section of the act of March 3, 1875, c. 137, 18 Stat., pt. 8, p. 470, it is the duty of the circuit court to dismiss a suit when it appears that the parties thereto have been improperly or collusively made or joined for the purpose of creating a case cognizable under that act.

2. A., a citizen of Indiana, sued in the circuit court a township of Michigan upon certain bonds issued by it and payable to bearer. He owned some of them, and the others were transferred to him by citizens of Michigan solely for the purpose of collection. Judgment was rendered in favor of the township on the bonds so transferred, and in his favor for the residue. This Court, on his removing the case here, reverses the judgment, and directs, as the court below should on its own motion have done, that the suit be dismissed at his costs.