District Court, N.D. West Virginia April 5, 1910 (Laws v. Fleming)

DAYTON, District Judge

(after stating the facts as above). The controversy here resolves itself into three questions: First. Was plaintiff, Raws, at the time of the institution of this suit in fact a citizen of West Virginia, and not of the state of New Jersey? Second. Has this federal court of equity jurisdiction to determine this matter *453of usury charged by the bill, or was the remedy at law?