Fargo v. McVicker
New York Supreme Court
APPEAL from an order made at a special term, directing the removal of this action into the Circuit Court of the United States. Thé action was commenced in this court by William G-. Fargo, as president of the American Merchants Union Express Company, against James H. MeVicker, a citizen of the State of Illinois.
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APPEAL from an order made at a special term, directing the removal of this action into the Circuit Court of the United States. Thé action was commenced in this court by William G-. Fargo, as president of the American Merchants Union Express Company, against James H. MeVicker, a citizen of the State of Illinois. The company is a joint stock association ; and the action was brought under the provisions of the act of the legislature, of April 7, 1849, “in relation to suits by and against joint stock companies and associations,” by which it is enacted that “any joint stock company or…
1Opinion of the Court
By the Court, Lamont, J.
Two questions are made, in this case. The plaintiff claims that this action is not removable from the State court into the Circuit Court of the United States, under the act of congress of 1789, or the act of 1867. The defendant, on the contrary, insists that the cause is removable, and that the order of the special term of this court, staying the plaintiff’s proceedings and sending the case to the said Circuit Court, is not an appealable order.
It is not disputed that all the formalities necessary to the removal have been complied with by the defendant, if the case is…
2Cited by6 opinions
- Edgeworth v. WoodSupreme Court of New Jersey · 1896
- Baltimore & O. R. v. Adams Express Co.U.S. Circuit Court for the District of Maryland · 1884
- People ex rel. Winchester v. ColemanNew York Supreme Court · 1889
- Clancy v. TerhuneNew York Marine Court · 1880
- People ex rel. Platt v. WempleNew York Supreme Court · 1889
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