Insurance Co. v. Dunn
Supreme Court of the United States
Error to the First Judicial District Court of Hamilton County, Ohio; the case being thus: The Judiciary Act of 1789,† thus enacts: “If a suit be commenced in any State court by a citizen of the State in which the suit is brought against a citizen of another State, . . . and the defendant shall at the time of entering his appearance in such State court file a petition for the removal of the cause for trial into the next Circuit Court, to be held in the district where the suit…
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Error to the First Judicial District Court of Hamilton County, Ohio; the case being thus: The Judiciary Act of 1789,† thus enacts: “If a suit be commenced in any State court by a citizen of the State in which the suit is brought against a citizen of another State, . . . and the defendant shall at the time of entering his appearance in such State court file a petition for the removal of the cause for trial into the next Circuit Court, to be held in the district where the suit is pending, &c., ... it shall then be the duty of the State court... to proceed no further in the cause.” Then came an…
1Opinion of the CourtJustice Swatne
The case involves a question of jurisdiction arising between State courts and a Federal court, which, though not without interest, involves no difficulty in its solution.
The administratrix sued the insurance company upon a life policy, in the Court of Common Pleas of Hamilton County. She recovered a verdict, and thereafter a judgment was rendered upon it. The company applied for a new trial, and gave bond pursuant to the laws of Ohio, in that behalf. * This had the effect of vacating the verdict and judgment as if a new' trial had been granted according to the course of the common law, except…
2Cases cited3 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Gordon v. LongestSupreme Court of the United States · 1842
- Lessee of Miles v. FisherOhio Supreme Court · 1840
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- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- Kern v. HuidekoperSupreme Court of the United States · 1881
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