In Re Moore
Supreme Court of the United States
PETITION FOE WEIT OF MANDAMUS. This is an application by petitioner for a writ of mandamus to compel the Circuit Court of the United States'for the Eastern Division of the Eastern Judicial District of Missouri to .remand the case of this petitioner.?;. The Louisville and Nashville Railroad. Company to the state court, from whence it came.
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PETITION FOE WEIT OF MANDAMUS. This is an application by petitioner for a writ of mandamus to compel the Circuit Court of the United States'for the Eastern Division of the Eastern Judicial District of Missouri to .remand the case of this petitioner.?;. The Louisville and Nashville Railroad. Company to the state court, from whence it came. The facts are these: On November 16, 1906, Albert Newton Moore, an infant, over the age of fourteen years, presented his petition to the Circuit Court of the city of St. Louis, Missouri, stating that he desired to institute a suit in that court against the…
1Opinion of the CourtJustice Brewer
It was held in Ex parte Wisner, 203 U. S. 449, that:
“Under sections 1, 2, 3 of the act of March 3, 1875, 18 Stat. 470, as amended by the act of March 1, 1887, 24 Stat. 552, corrected by the act of August 13, 1888, 25 Stat. 433, an action commenced in a state court, by a citizen of another State, against a non-resident defendant, who is a citizen of a State other than that of the plaintiff, cannot be removed by the defendant into the Circuit Court of the United States.”
On the authority of this case it is contended by petitioner that as in this action none of the parties were citizens of the.…
2Cases cited22 opinions
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
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3Cited by214 opinions
- Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
- General Investment Co. v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1922
- Joan Elena Lanier v. The American Board of Endodontics and the American Association of Endodontists, a CorporationCourt of Appeals for the Sixth Circuit · 1988
- Ingersoll v. CoramSupreme Court of the United States · 1908
- Lee v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1923
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