Legal Opinion

Doherty v. McDowell

Supreme Judicial Court of Maine

Decided October 22, 1921Published

On exceptions by defendant. This is an action' of assumpsit brought by plaintiffs against defendant in the Supreme Judicial Court within and for the County of Kennebec and State of Maine, to recover from defendant $250,000, the plaintiffs being residents of the State of New York and the defendant being a resident of Pennsylvania.

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On exceptions by defendant. This is an action' of assumpsit brought by plaintiffs against defendant in the Supreme Judicial Court within and for the County of Kennebec and State of Maine, to recover from defendant $250,000, the plaintiffs being residents of the State of New York and the defendant being a resident of Pennsylvania. On the return day defendant filed a petition and bond for the purpose of obtaining a removal of the suit to the United States District Court for the Western District of Pennsylvania, in which district defendant resided. The Justice presiding denied the application…

1Opinion of the CourtDeasy, J.

The defendant has filed a petition for removal of this case to the Federal Court. No reason for removal is claimed other than diversity of citizenship.

The petition sets forth that “your petitioner at the time of the commencement of the above suit was and still is a citizen of the State of Pennsylvania and a resident of the Western District thereof,” and that “the above named plaintiffs at the time of the commencement of the above suit were and still are citizens of the State of New York and residents of the Southern District thereof.”

The petitioner thereupon prays for removal of the case to…

2Cases cited13 opinions

  1. Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
  2. Eddy v. Chicago & N. W. Ry. Co.District Court, W.D. Wisconsin · 1915
  3. Kansas Gas & Electric Co. v. Wichita Natural Gas Co.Court of Appeals for the Eighth Circuit · 1920
  4. Mattison v. Boston & M. R. R.District Court, N.D. New York · 1913
  5. Ostrom v. EdisonDistrict Court, D. New Jersey · 1917

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