Insurance Co. v. Francis
Supreme Court of the United States
This cause came up by writ of error to the District Court of the United States for the Southern District of Mississippi. It came into the said District Court in this wise: One Francis had brought suit in the Circuit Court of Monroe County, Mississippi, November Term, 1866, against “ The Germania Fire Insurance Company of the City of New York,” upon a policy of insurance. The company appeared to the suit, and demurred to the declaration.
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This cause came up by writ of error to the District Court of the United States for the Southern District of Mississippi. It came into the said District Court in this wise: One Francis had brought suit in the Circuit Court of Monroe County, Mississippi, November Term, 1866, against “ The Germania Fire Insurance Company of the City of New York,” upon a policy of insurance. The company appeared to the suit, and demurred to the declaration. The plaintiff, at August Term, 1867, petitioned for the removal of the cause “ to the Circuit Court of the United States, held in or at Oxford, in the…
1Opinion of the CourtJustice Davis
The act of Congress of March 2, 1867, which allows a plaintiff’, under certain circumstances, to remove his cause from the State to the Federal court, authorizes the transfer only when one party is a citizen of the.State in which the suit is brought and the other party is a citizen of a different State. In this case, while it appears on the face of the declaration that the plaintiff' is a' citizen of Illinois, it does not appear that the defendant is a citizen of Mississippi. This being so, it is not necessary to notice the subsequent pleadings, because if the court can see, on the case made…
2Cases cited2 opinions
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
- Hobbs v. MagruderU.S. Circuit Court for the District of District of Columbia · 1834
3Cited by28 opinions
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Adams' Express Co. v. TregoCourt of Appeals of Maryland · 1872
- United States v. New York & O. S. S. Co.Court of Appeals for the Second Circuit · 1914
- Holbrook v. FordIllinois Supreme Court · 1894
- Gorman v. A. B. Leach & Co.District Court, E.D. New York · 1926
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