Western Union Tel. Co. v. Brown
U.S. Circuit Court for the District of Eastern Missouri
On Motion to Remand. On the eleyenth day of May, 1887, plaintiff filed suit in the circuit court, city of St. Louis, Missouri, against Edgar H. Brown as principal, and the several other defendants as sureties, on a penal bond conditioned for the proper performance by said Brown of bis duties as manager of the St. Louis office of the plaintiff company; alleging breaches of said bond, and praying judgment for §10,000, the penalty of the bond.
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On Motion to Remand. On the eleyenth day of May, 1887, plaintiff filed suit in the circuit court, city of St. Louis, Missouri, against Edgar H. Brown as principal, and the several other defendants as sureties, on a penal bond conditioned for the proper performance by said Brown of bis duties as manager of the St. Louis office of the plaintiff company; alleging breaches of said bond, and praying judgment for §10,000, the penalty of the bond. The suit was returnable to the June term of said state court. The sheriff’s return showed personal service on defendants Wells, Milford, and Eaton, and…
1Opinion of the Court
Brewer. J.
In this case a motion to remand has been filed. The question presented is one of interest and importance, involving, as it does, the construction of the removal act of March, 1887. The motion is rested upon this proposition: that in a case in which there is but a single controversy, and in which removal is sought on .the ground of citizenship alone, the right of removal is restricted to non-resident defendants. That there is but a single controversy in the case at bar is, under recent rulings of the supreme court, not open to question. The action is on a bond, — one defendant being…
2Cases cited10 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Barney v. LathamSupreme Court of the United States · 1881
- Ayres v. WiswallSupreme Court of the United States · 1884
- Louisville & Nashville Railroad v. IdeSupreme Court of the United States · 1885
- Hyde v. RubleSupreme Court of the United States · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Barth v. ColerCourt of Appeals for the Eighth Circuit · 1894
- Shane v. Butte Electric Ry. Co.U.S. Circuit Court for the District of Montana · 1906
- Louisville & N. R. v. Western Union Telegraph Co.District Court, E.D. Kentucky · 1914
- Foulk v. GrayU.S. Circuit Court for the District of West Virginia · 1902
- Broadway Ins. v. Chicago G. W. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1900
9 more not listed; retrieve them via the Exa API.