Legal Opinion

Babb v. PAUL REVERE LIFE INS. CO., WORCESTER, MASS.

District Court, W.D. South Carolina

Decided January 30, 1952No. Civ. A. 1215PublishedCited by 12 opinions

1Opinion of the Court

WYCHE, Chief Judge.

The above case is before me upon motion of the plaintiff to remand the case to the court of common pleas for Spartanburg County, from which court it was removed here, upon a petition alleging that there was a separate and independent claim or cause of action alleged in the complaint against the non-resident removing defendant.

The defendants appear to be sued jointly, but the complaint nowhere contains the customary words of damages, joint and concurrent, fraud and deceit or conspiracy on the part of the defendants as grounds for retaining jurisdiction in the state court.…

2Cases cited21 opinions

  1. Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
  2. Healy v. RattaSupreme Court of the United States · 1934
  3. Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
  4. Flint & Walling Manufacturing Co. v. BeckettIndiana Supreme Court · 1906
  5. Cincinnati, New Orleans & Texas Pacific Railway Co. v. BohonSupreme Court of the United States · 1906

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3Cited by12 opinions

  1. Lorraine Motors, Inc. v. Aetna Casualty & Surety Co.District Court, E.D. New York · 1958
  2. Oil Well Service Company v. Underwriters at Lloyd's LondonDistrict Court, C.D. California · 1969
  3. Erwin v. Allied Van Lines, Inc.District Court, W.D. Arkansas · 1965
  4. South Carolina Elec. & Gas Co. v. Aetna Ins. Co.District Court, E.D. South Carolina · 1953
  5. Babb v. PAUL REVERE LIFE INS. CO.Supreme Court of South Carolina · 1953

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