Stix & Co. v. Keith
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by P. W. Keith against the appellants, a partnership, to recover damages for the alleged illegal seizure of a stock of goods, which the plaintiff had purchased from one C. M. Fennell, and on which an attachment was levied by the sheriff, at the suit of the defendants, as the property of Fennell.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by P. W. Keith against the appellants, a partnership, to recover damages for the alleged illegal seizure of a stock of goods, which the plaintiff had purchased from one C. M. Fennell, and on which an attachment was levied by the sheriff, at the suit of the defendants, as the property of Fennell. The defendants pleaded the general issue, “in short by consent, with leave to give any special matter in evidence;” and the cause was tried on issue joined on that plea. On the 26th May, 1885, before…
1Opinion of the CourtSomebyille, J.
-The most tenable point of contention urged on us is the one involved in the two separate motions, made by the appellants, to remove this suit from the State to-the Federal Court.
The first petition for this purpose was filed May 26th, 1885— being the first term of the Circuit Court of Jackson county after the commencement of the action, which was January 19th„ 1885. The ground of removal was the citizenship of the petitioners, who were defendants in the State court; and the petition averred their residence in the State of Ohio, at the time of filling the petition for removal, as well as when…
2Cases cited14 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Kern v. HuidekoperSupreme Court of the United States · 1881
- Ayers v. WatsonSupreme Court of the United States · 1885
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3Cited by6 opinions
- Ex Parte Consolidated Graphite CorporationSupreme Court of Alabama · 1930
- J. C. Carland & Co. v. BurkeSupreme Court of Alabama · 1916
- Ex Parte Metropolitan Life Ins. Co.Supreme Court of Alabama · 1997
- Texarkana Telephone Co. v. BridgesSupreme Court of Arkansas · 1905
- Great Atlantic & Pacific Tea Co. v. MillerSupreme Court of Alabama · 1934
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