Pollock v. Cohen
Ohio Supreme Court
Error to the District Court of Meigs couoty. In 1867, plaintiff in error, a citizen of the State of Maryland, brought a civil action in the Court of Common Pleas of Meigs county, Ohio, against defendant to recover damages for the alleged conversion of certain merchandise, the property of plaintiff, of the value of three thousand dollars.
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Error to the District Court of Meigs couoty. In 1867, plaintiff in error, a citizen of the State of Maryland, brought a civil action in the Court of Common Pleas of Meigs county, Ohio, against defendant to recover damages for the alleged conversion of certain merchandise, the property of plaintiff, of the value of three thousand dollars. After the case had progressed, but before final trial, plaintiff filed in the state .court his petition, and gave a sufficient'undertaking, under the provisions of the act of congress of 1867, known as the local prejudice act ” for the removal of the action…
1Opinion of the CourtAshburn, J.
The plaintiff was a citizen of Maryland, and defendant a citizen of Ohio. The amount claimed in the petition exceeded five hundred dollars. These facts gave the plaintiff, on filing a petition for that purpose, and giving an undertaking as required by the act of congress of March 2,1867, a legal standing to have his cause of action tiansferred to a federal court.
*518The question now is, did plaintiff abandon his right to removal, and submit his action to the jurisdiction of the state court for final adjudication ?
We think he did. We think this is made manifest by his conduct in reference to the…
2Cases cited13 opinions
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Rossiter v. RossiterNew York Supreme Court · 1832
- Headley v. ChallissSupreme Court of Kansas · 1875
- Parmelee v. SimpsonSupreme Court of the United States · 1867
- Billings v. MorrowCalifornia Supreme Court · 1857
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