1. A decree of the district court dismissing a bill upon the
specific ground of want of jurisdiction is appealable directly to
this Court under Jud.Code, § 238. P.
266 U. S.
295.
2. It is a settled general rule that, in a suit based on
diversity of citizenship brought against several defendants to
enjoin the collection of claims against the plaintiff which are
separate and distinct, although depending for their validity upon a
common origin, the test of jurisdiction is the amount of each
separate claim, and not their aggregate amount. P.
266 U. S.
295.
3. But there is an exception to this rule where the bill alleges
not only that the defendants' claims are baseless, but that they
originated and are being prosecuted in pursuance of a conspiracy to
embarrass and attempt to ruin the plaintiff, the amounts of the
particular claims not being disputed and the validity of all
depending on the same issue. P.
266 U. S.
295.
4. In such case, the conspiracy partakes of the nature of a
fraudulent conspiracy, and ties together the several claims as one
claim for jurisdictional purposes, making their aggregate amount
the value of the matter in controversy. P.
266 U. S. 297.
McDaniel v. Traylor, 196 U. S. 415;
212 U. S. 212 U.S.
428.
5. The objection that relief by injunction sought against
proceedings in a state court is prohibited by Jud.Code § 265
goes to the equity of the particular bill, and not to the federal
court's jurisdiction of the suit. P.
266 U. S. 298.
Smith v. Apple, 264 U. S. 274.
286 F. 734 reversed.
Appeal from a decree of the district court which dismissed, for
want of jurisdiction, a bill to enjoin the defendants from
prosecuting separate actions for damages in a state court and from
endeavoring to collect money from the plaintiff in any other manner
by reason of the matters alleged.
Page 266 U. S. 293
MR. JUSTICE SANFORD delivered the opinion of the Court.
This is a suit in equity brought in the district court by the
Sovereign Camp Woodmen of the World, a fraternal society organized
under the laws of Nebraska, against twenty-five of its members, all
citizens of Texas. Federal jurisdiction was based upon the
diversity of citizenship, and the matter in controversy, which it
was averred, exceeded, exclusive of interest and costs, the sum or
value of three thousand dollars. Judicial Code, § 24, subd.
1.
The bill alleged, in substance, that the defendants had entered
into an agreement and conspiracy to embarrass and attempt to ruin
the society; that, pursuant to this agreement and conspiracy, they
endeavored at a meeting of the Head Camp of Texas to secure their
election as delegates to a session of the Sovereign Camp at New
York; that they were defeated and other persons were duly elected
and certified to the Sovereign Camp; that
Page 266 U. S. 294
they contested the election and appealed to the Sovereign Camp,
which decided that they had not been elected, and were not entitled
to be recognized as delegates or to any privileges or perquisites
as such, and seated the delegates certified by the Head Camp; that,
under the constitution and bylaws of the society, this decision was
final; that nevertheless, acting in concert and pursuant to their
joint agreement and conspiracy, they had brought twenty-five
separate actions at law against the society in a local court of
Texas to recover amounts ranging from $987.00 to $1,170.00, which
they severally claimed as
per diem and mileage allowances
and traveling expenses by reason of attending the Sovereign Camp as
delegates, [
Footnote 1] that,
in each of these suits, the same cause of action was alleged, in
identical language, and only one issue was involved in all of them;
[
Footnote 2] that there was no
merit in the cause of action set up by the defendants, and the
suits were wholly without any foundation; that, if the society was
compelled to defend each of these separate suits, it would be
subjected to an enormous expense, and that its remedy at law was
inadequate, wherefore it prayed that the defendants be enjoined
from prosecuting their separate suits in the state court or
endeavoring to collect in any other manner
Page 266 U. S. 295
any sums of money from the society by reason of the matters
alleged.
The district court, on motion of the defendants, dismissed the
bill on the ground that the court was "without jurisdiction"
thereof; being of opinion that as jurisdiction was based on
diversity of citizenship, the requisite jurisdictional amount was
not present, since each of the defendants claimed in his suit in
the state court an amount less than $3,000, and that § 265 of
the Judicial Code also deprived the court of jurisdiction. 286 F.
734.
As the bill was dismissed upon the specific ground of want of
jurisdiction, the direct appeal to this Court was properly allowed.
Judicial Code § 238;
Smith v. Apple, 264 U.
S. 274,
264 U. S.
277.
1. It is the settled general rule, frequently applied by this
Court in tax cases, that, in a suit based on diversity of
citizenship brought against several defendants to enjoin the
collection of claims against the plaintiff which are separate and
distinct, although depending for their validity upon a common
origin, the test of jurisdiction is the amount of each separate
claim, and not their aggregate amount.
Walter v. Northeastern
R. Co., 147 U. S. 370,
147 U. S. 372;
Northern Pacific R. Co. v. Walker, 148 U.
S. 391,
148 U. S. 392;
Fishback v. Telegraph Co., 161 U. S.
96,
161 U. S. 100;
Citizens' Bank v. Cannon, 166
U. S. 319,
166 U. S. 322.
An exception to this general rule was, however, recognized in
McDaniel v. Traylor, 196 U. S. 415,
196 U. S. 427.
There, the heirs of one Hiram Evans, an intestate, brought suit in
the circuit court against several defendants to enjoin the
enforcement of claims that had been allowed as liens upon his real
estate by orders of a probate court. Each claim was less than the
requisite jurisdictional amount, but their aggregate exceeded that
sum. The bill alleged that these claims were not debts of the
intestate, but that the defendants had conspired and confederated
with the administrator
Page 266 U. S. 296
to secure their payment out of the estate, and that the orders
allowing them had been procured as the result of the conspiracy and
the fraud practiced in pursuance thereof. This Court reversed a
decree of the circuit court dismissing the bill, on demurrer, for
want of jurisdiction, and held that, on the face of the bill, the
value of the matter in dispute was
"the aggregate amount of the claims fraudulently procured by the
defendants acting in combination to be allowed in the Probate Court
as claims against the estate."
In the opinion, after referring to the class of cases to which
Walter v. Northeastern R. Co. belonged, the Court
said:
"The case before us, however, is presented by the bill in an
entirely different aspect. The case may be regarded as exceptional
in its facts, and may be disposed of without affecting former
decisions. There is no dispute as to the amount of any particular
claim. So far as the bill is concerned, if any one of the specified
claims is good against the estate of Hiram Evans, then all are
good. . . . The matter in dispute is whether the lands . . . can be
sold to pay all the claims,
in the aggregate, which the
defendants, by
combination and conspiracy, procured the
Probate Court to allow against the estate of Hiram Evans. The
essence of the suit is the alleged fraudulent combination and
conspiracy to fasten upon that estate a liability for debts of John
Evans, which were held by the defendants and which they, acting in
combination, procured, in cooperation with James Evans, to be
allowed as claims against the estate of Hiram Evans. By reason of
that combination, resulting in the allowance of all those claims in
the Probate Court, as expenses of administering the estate of Hiram
Evans, the defendants have so tied their respective claims together
as to make them, so far as the plaintiffs and the relief sought by
them are concerned,
one* * * * claim. The validity of
all the claims depends upon the same facts. The lien on the lands
which is asserted by each defendant
Page 266 U. S.
297
has its origin as well in the combination to which all were
parties as in the orders of the Probate Court which, in furtherance
of that combination, were procured by their joint action."
And in
McDaniel v. Traylor, 212 U.
S. 428,
212 U. S. 433,
on a second appeal, in affirming a decree of the circuit court,
made on return of the case, again dismissing the suit for want of
jurisdiction, upon a finding that the allegation that the
defendants had conspired in procuring the allowance of the claims,
had not been established, [
Footnote
3] it was said:
"As we have already seen, it was the fraudulent combination and
conspiracy which united the claims and made the aggregate of the
claims the matter in dispute. By reason of that combination,we
decided the claims were 'so tied' together as to make them, 'so far
as the plaintiffs and the relief sought by them are concerned,
one claim.'"
We find that, under the allegations of the present bill, the
case comes fairly within the reason of the exception recognized in
the
McDaniel cases. It is not only alleged that the
defendants' claims are without foundation, but that they originated
and are being prosecuted in the state court in pursuance of an
agreement and conspiracy to embarrass and attempt to ruin the
society. There is no dispute as to the amount of any particular
claim, and the validity of all of them depends upon the same issue.
A conspiracy to prosecute, by concert of action, numerous baseless
claims against the same person for the wrongful purpose of
harassing and ruining him, partakes of the nature of a fraudulent
conspiracy, and in a suit to enjoin
Page 266 U. S. 298
them from being separately prosecuted, it must likewise be
deemed to tie together such several claims as one claim for
jurisdictional purposes, making their aggregate amount the value of
the matter in controversy. We conclude, therefore, that, on the
face of the bill, the district court had jurisdiction of the suit
by reason of the diversity of citizenship and the amount in
controversy.
2. The jurisdiction thus acquired was not taken away by §
265 of the Judicial Code, providing that, except in bankruptcy
cases, "the writ of injunction shall not be granted by any court of
the United States to stay proceedings in any court of a state."
This section does not deprive a district court of the jurisdiction
otherwise conferred by the federal statutes, but merely goes to the
question of equity in the particular bill; making it the duty of
the court, in the exercise of its jurisdiction, to determine
whether the specific case presented is one in which relief by
injunction is prohibited by this section or may nevertheless be
granted.
Smith v. Apple, supra, p.
264 U. S.
278.
The decree is reversed, and the cause remanded for further
proceedings not inconsistent with this opinion.
Reversed and remanded.
[
Footnote 1]
The bill also alleged that one of the defendants, in pursuance
of the conspiracy, originally brought suit in the state court
against the society for $28,882, alleging that the other defendants
had transferred their claims to him, but that, upon notice of a
petition for removal of the suit to the federal court, he had
amended his original petition by striking out the averment of such
assignments and limiting his claim to the amount claimed to be due
him individually, and that thereafter the other defendants had
brought their separate suits in the state court.
[
Footnote 2]
It appears from the averments of the bill that the contention of
the defendants was that, by a secret exchange of ballot boxes,
forged and fraudulent votes were substituted for the true votes,
and that they were elected at the original meeting after a minority
of the delegates to the Head Camp had withdrawn to hold a pretended
separate meeting.
[
Footnote 3]
On the first appeal, this Court had said (p.
196 U. S.
428):
"If the plaintiffs do not prove such a combination and
conspiracy, in respect at least, of so many of the specified claims
as in the aggregate will be of the required amount, then their suit
must fail for want of jurisdiction in the Circuit Court; for, in
the absence of the alleged combination, the claim of each defendant
must, according to our decisions, be regarded, for purposes of
jurisdiction, as separate from all the others."