Legal Opinion

Concord Coal Co. v. Haley

U.S. Circuit Court for the District of New Hampshire

Decided October 20, 1896PublishedCited by 6 opinions

This was a suit by the Concord Coal Company and others against John J. Haley and others. A claimant upon the fund in controversy sought to remove the case into the United States circuit court on the ground of diverse citizenship.

1Opinion of the Court

ALDRICH, District Judge.

Upon the law and facts, as this case strikes me, federal jurisdiction is at least doubtful. ' Cases in which our jurisdiction is in doubt should be remanded to the court from which they are removed. It is only where jurisdiction is clear that we hold cases under the removal acts. This rule results naturally enough from a system which contemplates that the great majority of rights shall be established and regulated in the state courts, and provides only for federal jurisdiction in special and limited instances. A suitor, in order to avail himself of the federal system,…

2Cases cited4 opinions

  1. Torrence v. SheddSupreme Court of the United States · 1892
  2. Thurber v. MillerCourt of Appeals for the Eighth Circuit · 1895
  3. Hutcheson v. BigbeeU.S. Circuit Court for the Northern District of Georgia · 1893
  4. Bronson v. St. Croix Lumber Co.U.S. Circuit Court for the District of Minnesota · 1888

3Cited by6 opinions

  1. Smith v. GilliamDistrict Court, W.D. Kentucky · 1922
  2. Nash v. McNamaraU.S. Circuit Court for the District of Nevada · 1906
  3. Dodd v. Louisville Bridge Co.U.S. Circuit Court for the District of Western Kentucky · 1904
  4. Sullivan v. LloydDistrict Court, D. Massachusetts · 1914
  5. Demer v. Pacific S. S. Co.District Court, W.D. Washington · 1921

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