Haug v. Great Northern Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of North Dakota. In February, 1895, Olea O. Haug, the plaintiff in error, brought an action in the district court of Traill county, N. D., against the Great Northern Railway Company, the 'defendant in error, to recover damages for the death of her husband, Jacob C. Haug, which it was alleged was occasioned by the wrongful acts and negligence of the defendant.
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In Error to the Circuit Court of the United States for the District of North Dakota. In February, 1895, Olea O. Haug, the plaintiff in error, brought an action in the district court of Traill county, N. D., against the Great Northern Railway Company, the 'defendant in error, to recover damages for the death of her husband, Jacob C. Haug, which it was alleged was occasioned by the wrongful acts and negligence of the defendant. This action was removed by the defendant into the circuit court of the United States for the district of North Dakota on the ground of diverse citizenship of the…
1Opinion of the CourtCaldwell, Circuit Judge
The objection to the jurisdiction of the circuit court in the first case is grounded on the alleged fact that the petition for the removal of the cause did not’ disclose the requisite diverse citizenship of the parties to authorize its removal. Assuming this to he so, the validity of the judgment is not affected thereby. We have twice decided that, if the record fails to show the facte on which the jurisdiction rests (as, tor instance, that the plaintiff and the defendant are citizens of different states, or, where the plaintiff sues as assignee, that his assignor might have maintained the…
2Cases cited8 opinions
- Eyster v. GaffSupreme Court of the United States · 1876
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Dowell v. ApplegateSupreme Court of the United States · 1894
- Bissell v. Spring Valley TownshipSupreme Court of the United States · 1888
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
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3Cited by2 opinions
- Coram v. IngersollCourt of Appeals for the First Circuit · 1906
- Hosler v. IrelandCourt of Appeals for the Eighth Circuit · 1915