City of Knoxville v. Southern Paving Const. Co.
District Court, E.D. Tennessee
Suit by the City of Knoxville against the Southern Paving Construction Company and others. The suit was removed from the State Chancery Court to the United States District Court in equity, and plaintiff moved to remand to the state court, and defendants moved to transfer to the law side of the District Court.
1Opinion of the Court
SANFORD, District Judge.
Clearly, if this suit, which was removed from a Chancery Court of the State, does not involve a dispute or controversy'properly within the jurisdiction of this court, it must either be remanded to the State court or dismissed, “as justice may require,” pursuant to section 37 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1098), superseding section 5 of the Act of March 8, 1875, c. 137, 18 Stat. 472 (Comp. St. 1913, § 1019).
[1] Being a suit .to recover damages for breach of contract, it is, concededly, a purely common law action, jurisdiction of which was…
2Cases cited9 opinions
- Cates v. AllenSupreme Court of the United States · 1893
- Thompson v. Railroad CompaniesSupreme Court of the United States · 1868
- Mississippi Mills v. CohnSupreme Court of the United States · 1893
- Hatcher v. Hendrie & Bolthoff Mfg. & Supply Co.Court of Appeals for the Eighth Circuit · 1904
- Mathews Slate Co. v. MathewsDistrict Court, D. Massachusetts · 1906
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3Cited by4 opinions
- Twist v. Prairie Oil & Gas Co.Supreme Court of the United States · 1927
- Miles v. LaytonSupreme Court of Delaware · 1937
- Doak v. HamiltonCourt of Appeals for the Fourth Circuit · 1926
- Stricker Land & Timber Co. v. HogueDistrict Court, W.D. Louisiana · 1934