Kerr v. Modern Woodmen
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District of Iowa. . This action was begun in the district court of Crawford county, Iowa, by the plaintiff, as beneficiary, to recover $3,000 upon a benefit certificate issued by the defendant to her husband, James R. Kerr, a member of the defendant fraternal order, by the terms of which certificate that amount was to be paid by defendant to plaintiff, as beneficiary, upon the death of her said husband while…
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In Error to the Circuit Court of the United States for the Southern District of Iowa. . This action was begun in the district court of Crawford county, Iowa, by the plaintiff, as beneficiary, to recover $3,000 upon a benefit certificate issued by the defendant to her husband, James R. Kerr, a member of the defendant fraternal order, by the terms of which certificate that amount was to be paid by defendant to plaintiff, as beneficiary, upon the death of her said husband while a member in good standing of said order. One of the conditions of said certificate was that it should become and be…
1Opinion of the Court
LOCHREN, District
Judge, after stating the case as above, delivered the opinion of the court.
i. The petition for the removal of the cause from the state court set forth the diversity of citizenship of the parties, and was sufficient to give the circuit court jurisdiction. The statement that the plaintiff was a citizen of Iowa was made in apparent good faith, in view of her long residence therein. Her showing upon her motion to remand, and the allegations of her “plea in abatement to jurisdiction,” made certain the existence of the diversity of citizenship, and the circuit court properly…
2Cases cited9 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Carson v. DunhamSupreme Court of the United States · 1887
- Transportation Line v. HopeSupreme Court of the United States · 1877
- United States v. Philadelphia & Reading RailroadSupreme Court of the United States · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Modern Woodmen of America v. CraigerIndiana Supreme Court · 1910
- Parker v. Aetna Life InsuranceSupreme Court of Missouri · 1921
- Bertschinger v. New York Life InsuranceOregon Supreme Court · 1941
- Kyle v. Chicago, R. I. & P. Ry. Co.U.S. Circuit Court for the District of Western Arkansas · 1909
- Bannister v. LucasHawaii Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.