Fitch v. CreightonAnnotate this Case
65 U.S. 159 (1860)
U.S. Supreme Court
Fitch v. Creighton, 65 U.S. 24 How. 159 159 (1860)
Fitch v. Creighton
65 U.S. (24 How.) 159
The statutes of Ohio give to the local authorities of cities and incorporated villages power to make various improvements in streets &c., and to assess the proportionate expense thereof upon the lots "fronting thereon, which is declared to be a lien upon the property."
The city Council of Toledo directed certain improvements to be made, and contracted with two persons, one of whom purchased the right of the other to do the work, and authorized them to collect the amounts due upon the assessments.
The contractor who executed the work, and who was a citizen of another state, filed a bill upon the equity side of the circuit court to enforce this lien.
The court had jurisdiction of the case.
The courts of the United States have jurisdiction at common law and in chancery, and wherever such jurisdiction may be appropriately exercised, there being no objection to the citizenship of the parties, the courts of the United States have jurisdiction. This is not derived from the power of the state, but from the laws of the United States.
It was not necessary to make the contractor who had sold out a party, nor was the bill multifarious because it claimed to enforce the liens upon several lots.
It was a bill filed on the equity side of the court by Creighton, a citizen of Iowa, against Fitch, a citizen of Ohio, under the circumstances stated in the opinion of the court. The circuit court decreed against Fitch, who brought up this appeal.
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