Savings Bank v. Benton
Court of Appeals of Kentucky
CASE 49 — PETITION EQUITY — APPEAL PROM KENTON CIRCUIT COURT. This suit was brought in the Kenton circuit court by Benton to recover of the Savings Bank of Cincinnati $3,500 for professional services alleged to have been rendered by him as counsel for the bank. A verdict and judgment for $2,750 having been rendered in his favor, this appeal is prosecuted by the bank. cited 2 Litt., 256; 3 lb., 272 ; 1 /. J. Mar., 233; 12 John. R., 154; 4 John. Ch. C., 98; Pr.
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CASE 49 — PETITION EQUITY — APPEAL PROM KENTON CIRCUIT COURT. This suit was brought in the Kenton circuit court by Benton to recover of the Savings Bank of Cincinnati $3,500 for professional services alleged to have been rendered by him as counsel for the bank. A verdict and judgment for $2,750 having been rendered in his favor, this appeal is prosecuted by the bank. cited 2 Litt., 256; 3 lb., 272 ; 1 /. J. Mar., 233; 12 John. R., 154; 4 John. Ch. C., 98; Pr. Dec., 188 ; 3 Mar., 183 ; Civil Code, sec. 613; 2 Barb. Chancery Prac., 498; 6 Mon., 413; 1 Bibb, 327; 3 J. J. Marsh., 692; 9 Johnson,…
1Opinion of the CourtChief Justice Simpson
The first question that arises in this case relates to the correctness of the decision of the court below in overruling the appellant’s application for a removal of the cause to the circuit court of the United States for the district of Kentucky.
The petition which was filed to obtain a removal of the cause, did not set forth facts sufficient to authorize its removal under the 12th section of the judiciary act of 1789. It failed to state that the plaintiff in the action was a citizen of this State, and unless that fact appeared, the act of congress did not authorize the court to remove it to…
2Cited by9 opinions
- Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
- Parker v. SearsMassachusetts Supreme Judicial Court · 1875
- Walton v. DraperMassachusetts Supreme Judicial Court · 1910
- Nugent v. CloonMassachusetts Supreme Judicial Court · 1875
- Iowa Light, Heat & Power Co. v. First National BankMassachusetts Supreme Judicial Court · 1924
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