Phillips v. Western Terra Cotta Co.
U.S. Circuit Court for the District of Kansas
Action by J. A. Phillips against the Western Terra Cotta Company. Motion to set aside an order, previously made, overruling plaintiff’s motion to remand the cause to the state court, and for rehearing.
1Opinion of the Court
PHILIPS, District Judge.
The plaintiff has filed motion to set aside the order of this court, heretofore made, overruling the motion of plaintiff to remand this cause to the state court, and for a rehearing.
The petition of the plaintiff in the state court was silent as to the citizenship of the parties. The petition of the defendant for removal, supported by affidavit, and accompanied with sufficient bond, alleged that at the time of bringing suit, and since, the plaintiff was a citizen of the state of Kansas, and the defendant was a citizen of the state of Missouri. That entitled the…
2Cases cited15 opinions
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- In Re MooreSupreme Court of the United States · 1908
- Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889
- Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
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3Cited by2 opinions
- King v. City of BeaumontDistrict Court, E.D. Texas · 1924
- Simon v. StanglDistrict Court, D. Minnesota · 1931