Insurance Company v. Weide
Supreme Court of the United States
Error to the Circuit Court for the District of Minnesota. Charles Weide and Joseph Weide, of Minnesota, brought suit in one of the State.courts of Minnesota against the .¿Etna Insurance Company, on a policy of insurance, to recover $10,000 insured upon a stock of goods lost by tire within the conditions of the policy.
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Error to the Circuit Court for the District of Minnesota. Charles Weide and Joseph Weide, of Minnesota, brought suit in one of the State.courts of Minnesota against the .¿Etna Insurance Company, on a policy of insurance, to recover $10,000 insured upon a stock of goods lost by tire within the conditions of the policy. The suit was removed to the Federal court under the 12th section of the Judiciary Act, which enacts that suits such as the present was may be transferred, and that copies of the process being filed in the Circuit Court, “the cause shall proceed there in the same manner as if it…
1Opinion of the CourtJustice Nelson
As the first question raised. If there was any irregularity in not filing a new complaint or declaration, it was too late, after the defendant had taken issue upon the complaint, to take advantage of it. The question, however, whether a new complaint, or declaration, should have been filed on a removal of the cause from a State court, is one of practice, and not the subject for which error will lie.
As to the second question, the admissibility, of the evidence received by the court. There can be no doubt but the day-books and ledger, the entries in which were testified to be correct by the…
2Cases cited1 opinion
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
3Cited by35 opinions
- Putnam v. United StatesSupreme Court of the United States · 1896
- Bates v. PrebleSupreme Court of the United States · 1894
- Rumely v. United StatesCourt of Appeals for the Second Circuit · 1923
- Phillips v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
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