Loop v. Winters' Estate
U.S. Circuit Court for the District of Nevada
On Motion to Remand to State Court. This suit was commenced in the state court of Lincoln county, Nev., September 28, 1901, against “the estate of Aaron Winters, deceased, J. O. Mc-Glanahan, executor of the last will and testament of said Aaron Winters, deceased, Alexander Falconer, the devisee and beneficiary in and of said last will.
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On Motion to Remand to State Court. This suit was commenced in the state court of Lincoln county, Nev., September 28, 1901, against “the estate of Aaron Winters, deceased, J. O. Mc-Glanahan, executor of the last will and testament of said Aaron Winters, deceased, Alexander Falconer, the devisee and beneficiary in and of said last will. Phoebe Hearst, F. W. Clark, John Doe, Richard Roe, John Denn, and Richard Fenn” (the last four'names are fictitious, intended to represent certain defendants whose real names are unknown, and, when ascertained, to have their names substituted), to recover a…
1Opinion of the CourtHa Whey, District Judge
(orally). The contention of counsel for plaintiff is: (x) That the petition for removal was not presented to the state court, and that there is no order of removal. (2) There is no bond on removal, the instrument filed as such not being under seal; that the state court has the right to pass upon the sufficiency of the bond before it loses its jurisdiction. (3) That the petition does not show that all of the defendants are citizens of another state from that of plaintiff, nor that the cause of action is separable.
No affidavits are presented in support of this motion, and no plea interposed to…
2Cases cited11 opinions
- Marshall v. HolmesSupreme Court of the United States · 1891
- Kern v. HuidekoperSupreme Court of the United States · 1881
- G. V. B. Min. Co. v. First Nat. Bank of HaileyCourt of Appeals for the Ninth Circuit · 1899
- New York Construction Co. v. SimonU.S. Circuit Court for the District of Northern Ohio · 1891
- Chiatovich v. HanchettU.S. Circuit Court for the District of Nevada · 1897
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- Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
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- Mutual Life Ins. Co. of New York v. LangleyU.S. Circuit Court for the District of South Carolina · 1906
- Mays v. NewlinU.S. Circuit Court for the District of Western Virginia · 1906
- North Side Canal Co. v. Twin Falls Canal Co.District Court, D. Idaho · 1926
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