Jackson v. William Kenefick Co.
District Court, S.D. New York
At Law. Action by Charles Jackson against the William Kenefick Company and William Kenefick, begun in the Supreme Court of New York, and removed to the United States District Court. The plaintiff, an alien, sued two citizens and residents of Oklahoma in the Supreme Court of the state of New York. The defendants removed for diverse citizenship.
1Opinion of the Court
LEARNED HAND, District Judge.
Were this question open to me as a fresh matter, I should decide in favor of the removal. I do' not regard Ex parte Wisner, 203 U. S. 449, 27 Sup. Ct. 150, 51 L. Ed. 264, especially after In re Moore, 209 U. S. 490, 28 Sup. Ct. 586, 706, 52 L. Ed. 904, 14 Ann. Cas. 1164, as in any sense overturning the preceding authorities which had all settled the rule in favor of removal. Those cases proceeded upon that clause of the section which alone applies to suits between citizens of different states, and which therefore gives to a plaintiff citizen of the United States…
2Cases cited16 opinions
- In Re MooreSupreme Court of the United States · 1908
- Ex Parte WisnerSupreme Court of the United States · 1906
- Ex Parte HardingSupreme Court of the United States · 1911
- Oakley v. GoodnowSupreme Court of the United States · 1886
- Matter of TobinSupreme Court of the United States · 1909
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3Cited by5 opinions
- Ostrom v. EdisonDistrict Court, D. New Jersey · 1917
- Isaac Kubie Co. v. Lehigh Valley R.District Court, D. New Jersey · 1919
- Doherty v. SmithDistrict Court, S.D. New York · 1915
- Coalmont Moshannon Coal Co. v. Matthew Addy Steamship & Commerce Corp.District Court, E.D. Virginia · 1921
- Guaranty Trust Co. v. McCabeCourt of Appeals for the Second Circuit · 1918