Terry v. Imperial Fire Ins. Co.
U.S. Circuit Court for the District of Kansas
The plaintiff, Jas. E. Terry, a citizen of the state of Connecticut, commenced his suit in the district court of Douglass county against said defendant, the Imperial Fire Insurance Company, to recover for a loss by fire, upon a policy of insurance issued by that company.
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The plaintiff, Jas. E. Terry, a citizen of the state of Connecticut, commenced his suit in the district court of Douglass county against said defendant, the Imperial Fire Insurance Company, to recover for a loss by fire, upon a policy of insurance issued by that company. The defendant, on entering its appearance. filed a petition for a removal of the case to this court, under the provisions of the 12th section of the judiciary act of 1789, claiming that it is within the meaning of that section an “alien.” On that petition the case was sent to this court. Now the plaintiff files his motion to…
1Opinion of the Court
FOSTER, District Judge.
The only question presented to this court for determination is, whether or not the defendant is an alien within the meaning of the constitution, and the judiciary act It is a question of no little moment, and one upon which there appear to be no reported cases, directly in point; its solution however, is not difficult, in the light of the several decisions of the supreme court, establishing the right of corporate bodies of other states to litigate in the federal courts, as if citizens of such other states.
Perhaps there is no one subject in the litigation in the highest…
2Cases cited1 opinion
- Fisk v. Chicago, Rock Island & Pacific Railroad Co.New York Supreme Court · 1868
3Cited by4 opinions
- Grand Lodge Independent Order of Mutual Aid v. WietingIllinois Supreme Court · 1897
- State Ex Rel. Cartwright v. Hillcrest Investments, Ltd.Supreme Court of Oklahoma · 1981
- Larkin v. Washington Loan & Trust Co.Court of Appeals for the D.C. Circuit · 1929
- State Ex Rel. Cartwright v. Hillcrest Investments, Ltd.Supreme Court of Oklahoma · 1981