Feibelman v. Packard
United States Supreme Court
109 U.S. 421, 3 S. Ct. 289, 27 L. Ed. 984 (1883)
- Written by Heather Whittemore, JD
Facts
Nathan Feibelman (plaintiff) filed a lawsuit in state court against Packard (defendant), the United States marshal for Louisiana, to recover property that Feibelman alleged was taken by Packard unlawfully. Because Feibelman sued Packard in his official capacity as marshal, Feibelman was authorized to sue Packard under Revised Statute §§ 785 and 786, federal laws that gave a person a right of action against a marshal who allegedly breached his duties. Packard filed a petition to remove the case from state court to federal court, arguing that federal-question jurisdiction existed because Feibelman’s lawsuit arose under federal law. Packard’s petition, though initially denied, was granted by the federal circuit court. Feibelman appealed.
Rule of Law
Issue
Holding and Reasoning (Matthews, J.)
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