Legal Opinion
Barber v. Boston & M. R. Co.
U.S. Circuit Court for the District of Vermont
Decided April 7, 1906PublishedCited by 5 opinions
At Law. On motion to remand to state court.
1Opinion of the Court
WHEELER, District Judge.
This is an action on the case brought in a state court, and removed here for negligently setting fire to the plaintiff’s buildings destroying some, and partly destroying other, property alleged to be of the value with expense of repairs of much more than $2,000 with an ad damnum of that amount. It has now been heard on a motion to remand. The motion would be too late, being after the term at which it was entered, if the ground was not jurisdictional; as it is the motion is in order at any time. The allegations of value and expense are not of sums certain like those in…
2Cases cited6 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Barry v. EdmundsSupreme Court of the United States · 1886
- Gordon v. LongestSupreme Court of the United States · 1842
- Kanouse v. MartinSupreme Court of the United States · 1854
- Northern Pacific Railroad v. AustinSupreme Court of the United States · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Harley v. Firemen's Fund Ins.District Court, W.D. Washington · 1913
- Martin v. Richmond Cotton Oil Co.Missouri Court of Appeals · 1916
- Trullinger v. RosenblumDistrict Court, E.D. Arkansas · 1954
- Collins v. Twin Falls North Side Land & Water Co.District Court, D. Idaho · 1913
- El Paso & Southwestern Co. v. RiddleDistrict Court, W.D. Texas · 1923