Stewart v. Cybur Lumber Co.
District Court, S.D. Alabama
At Daw. Action by A. W. Stewart against the Cybur Dumber Company. On motion to dismiss for want of prosecution.
1Opinion of the Court
TOULMIN, District Judge.
Motion by defendant to dismiss the case for want of prosecution.
[1] This case is here by removal proceedings from the circuit court of Pearl River county of the state of Mississippi. The removal is founded on the fact that the action is between citizens of different states. 'Where the jurisdiction of the federal court is founded on the fact of diverse citizenship, suit shall be brought only in the district of the residence of either the plaintiff or the defendant. The plaintiff failed to do either,- but brought his suit against the defendant in a state and district of…
2Cases cited7 opinions
- Kinney v. Columbia Savings & Loan Ass'nSupreme Court of the United States · 1903
- Younts v. Southwestern Telegraph & Telephone Co.U.S. Circuit Court for the District of Eastern Arkansas · 1911
- Mattison v. Boston & M. R. R.District Court, N.D. New York · 1913
- H. J. Decker, Jr., & Co. v. Southern Ry. Co.U.S. Circuit Court for the District of Northern Alabama · 1911
- Waterman v. Chesapeake & O. Ry. Co.District Court, D. New Jersey · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Eddy v. Chicago & N. W. Ry. Co.District Court, W.D. Wisconsin · 1915
- Ostrom v. EdisonDistrict Court, D. New Jersey · 1917
- Park Square Automobile Station v. American Locomotive Co.District Court, N.D. New York · 1915
- St. John v. TaintorDistrict Court, S.D. New York · 1915
- Cincinnati, H. & D. Ry. Co. v. OrrDistrict Court, E.D. New York · 1914
3 more not listed; retrieve them via the Exa API.