Stratton Cripple Creek Mining & Development Co. v. Ellison
Supreme Court of Colorado
Appeal from the District Court of Teller County. Hon. William P. Seeds, Judge. Action by A. J. Ellison against The Stratton Cripple Creek Mining and Development Company and its foreman Bradford. -From a judgment for plaintiff, defendant company appeals.
1Opinion of the CourtJustice Helm
A preliminary question is presented by the record. Before filing an answer or otherwise pleading to the complaint, appellant interposed a petition for removal of the cause to the federal court of this district. His application was denied and such denial constitutes one of the grounds relied on for reversal.
The petition for removal was based upon the theory that the cause of action or controversy involved in this case is separable with reference to the two parties joined as defendants. And that although Bradford was a citizen of Colorado, appellant being *504a Wyoming corporation, was entitled to…
2Cases cited10 opinions
- Mountain View Mining & Milling Co. v. McFaddenSupreme Court of the United States · 1901
- Thatcher v. RockwellSupreme Court of Colorado · 1878
- Town of Colorado v. LiafeSupreme Court of Colorado · 1901
- Dozenback v. RaymerSupreme Court of Colorado · 1889
- Portland Gold Min. Co. v. FlahertyCourt of Appeals for the Eighth Circuit · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Modern Woodmen of America v. WhiteSupreme Court of Colorado · 1921
- First Nat. Bank of Wetumka v. NolenSupreme Court of Oklahoma · 1916
- Colorado Investment & Realty Co. v. Riverview Drainage DistrictSupreme Court of Colorado · 1928
- Denver City Tramway Co. v. CarsonColorado Court of Appeals · 1912
- Post Printing & Publishing Co. v. ShafrothSupreme Court of Colorado · 1912
7 more not listed; retrieve them via the Exa API.