Legal Opinion

Robinson v. Potter

Supreme Court of New Hampshire

Decided December 15, 1861Published

Assumpsit, to recover $4000 upon the common counts, and $1559.50 according to an account annexed to tlie writ. The plaintiff was a citizen of New-Hampshire, and the defendant of Massachusetts, and they are so described in the writ. It was admitted that the matter in dispute, involved in the action between the parties, exceeds the sum of five hundred dollars, exclusive of costs.

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Assumpsit, to recover $4000 upon the common counts, and $1559.50 according to an account annexed to tlie writ. The plaintiff was a citizen of New-Hampshire, and the defendant of Massachusetts, and they are so described in the writ. It was admitted that the matter in dispute, involved in the action between the parties, exceeds the sum of five hundred dollars, exclusive of costs. The action was entered at the August term of this court, 1859, and no service of the writ having been made upon the defendant, it was continued for notice, and the order of notice was duly complied with by personal…

1Opinion of the CourtNesmith, J.

The 12th section of the judiciary act establishing the Supreme and Circuit Courts of the United States, passed September 24, 1789, provides in certain cases for the right of. removing a suit instituted in a State court to the circuit court of the district. It is enacted by that law, “ that if a suit' be commenced in any State court against an alien, or by a citizen of the State in which the suit is brought against the citizen of another State, and the matter in dispute exceeds the sum or value of five hundred dollars, exclusive of costs, to be made to appear to the satisfaction of the court,…

2Cases cited7 opinions

  1. Bank of Bellows Falls v. Rutland & Burlington RailroadSupreme Court of Vermont · 1856
  2. Redmond v. RussellNew York Supreme Court · 1815
  3. Conover v. Mayor of New YorkNew York Supreme Court · 1857
  4. Jackson ex dem. Cantine v. StilesNew York Supreme Court · 1809
  5. Maxfield v. ScottSupreme Court of Vermont · 1845

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