Southern Pac. Co. v. Waite
District Court, S.D. California
In Equity. Suit by the Southern Pacific Company against C. E. Waite and others. On January 19, 1921, C. R Waite and wife, as plaintiffs, filed their action in the superior court of the county of Los Angeles against the Southern Pacific Company claiming damages as and for goods alleged to have been lost during the course of transportation.
Read the full summary
In Equity. Suit by the Southern Pacific Company against C. E. Waite and others. On January 19, 1921, C. R Waite and wife, as plaintiffs, filed their action in the superior court of the county of Los Angeles against the Southern Pacific Company claiming damages as and for goods alleged to have been lost during the course of transportation. Within the time required by law the defendant in that action filed a notice of a petition for removal, together with a petition and bond for removal of the cause, to the United States District Court of this district, together with a demurrer to the…
1Opinion of the CourtBledsoe, District Judge
(after stating the facts as above). This case lies in very narrow compass. Both reason and authority could perhaps be cited in support of the proposition that this court, while it has before it for determination the question of the removability of a case from a state court, may'enjoin the parties from, attempting to proceed with the case in the state court; this upon the theory that, if this court upon removal does possess jurisdiction of the cause, that jurisdiction may not be invaded by harmful proceedings in the state court, and that, pending a determination by this court of the…
2Cases cited7 opinions
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Burlington, Cedar Rapids & Northern Railway Co. v. DunnSupreme Court of the United States · 1887
- Insurance Company v. PechnerSupreme Court of the United States · 1877
- Amory v. AmorySupreme Court of the United States · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Metropolitan Casualty Insurance v. StevensSupreme Court of the United States · 1941
- Central Savings Bank of Oakland v. LakeCalifornia Supreme Court · 1927
- Nichols v. Southern Pacific Co.California Court of Appeal · 1943
- Pueblo v. South Porto Rico Sugar Co.Supreme Court of Puerto Rico · 1939
- Marsh v. Tillie Lewis Foods, Inc.District Court, D. South Dakota · 1966
4 more not listed; retrieve them via the Exa API.