Legal Opinion

Scharff v. Levy

Supreme Court of the United States

Decided January 5, 1885No. 517PublishedCited by 17 opinions

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. The facts are stated in the opinion of the court.

1Opinion of the CourtChief Justice Waite

The order remanding this cause to the State court from which it was removed is affirmed on the authority of Alley v. Nott, 111 U. S. 472, where it was decided that a case could not he removed from a State court under the act of March 3, 1875, ch. 137, 18 Stat. 470, after a hearing on a demurrer to a complaint because it did not state facts sufficient to constitute a cause of action. To that decision we adhere. The Code of Civil Procedure of New York, from which State that cause came, provided that the court might, in its discretion, allow the party in fault to plead over or amend after the…

2Cases cited1 opinion

  1. Alley v. NottSupreme Court of the United States · 1884

3Cited by17 opinions

  1. Eric Rothner D/B/A Chicago Game Co., and D/B/A Bell Vending, Inc. v. City of Chicago, a Municipal CorporationCourt of Appeals for the Seventh Circuit · 1989
  2. Gregory v. HartleySupreme Court of the United States · 1885
  3. Vendetti v. SchusterDistrict Court, W.D. Pennsylvania · 1965
  4. Delbanco v. SingletaryU.S. Circuit Court for the District of Nevada · 1889
  5. Acosta v. Master Maintenance & Construction, Inc.District Court, M.D. Louisiana · 1999

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