Dunn v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Minnesota
Plaintiff, a child eight years old, brought this action in the district court for Ramsey county, to recover damages for personal injuries.. Before the trial, the defendant applied to Brill, J., for a removal of the cause to the United States circuit court, under the local-prejudice act, on which application the proceedings recited in the opinion were had, and the application was denied.
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Plaintiff, a child eight years old, brought this action in the district court for Ramsey county, to recover damages for personal injuries.. Before the trial, the defendant applied to Brill, J., for a removal of the cause to the United States circuit court, under the local-prejudice act, on which application the proceedings recited in the opinion were had, and the application was denied. The defendant thereupon caused a copy of the record to be filed in the federal court, and after-wards, the cause having come on for trial before the same judge with a jury, the defendant’s counsel entered a…
1Dissent
Bebby, J.,
(dissenting.) This action was pending in the district court for Ramsey county. The defendant, under section 639, Rev. St. U. S., (see Sims v. Sims, 17 Blatchf. 369,) seasonably filed a petition, bond, and affidavit of local prejudice, all in due form, (Melendy v. Currier, 22 Blatchf. 503, 22 Fed. Rep. 129,) for the purpose of removing the case to the proper circuit court of the United States. The petition, which was verified, stated that the plaintiff was at the time of the commencement of the action, and then, a citizen of Minnesota, and the defendant a citizen of Iowa. To…
2Cases cited26 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- Kern v. HuidekoperSupreme Court of the United States · 1881
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