Jones v. Adams Express Co.
U.S. Circuit Court for the District of Kentucky
On Motion to Set Aside Order Overruling Motion to Remand to State Court.
1Opinion of the Court
COCHRAN, District Judge.
It is well settled that a party bringing a suit in a federal court or seeking to remove.one brought in a state court thereto must show affirmatively in his petition or bill in the one case and in his petition for removal in the other case that the federal court has jurisdiction thereof by alleging the facts essential to give it jurisdiction. If he does not show this, his petition or bill in the one case will be dismissed, or the cause in the other case will be remanded to the state court, and that by the court upon its own motion upon becoming aware of the failure to…
2Cases cited6 opinions
- Great Southern Fire Proof Hotel Company v. JonesSupreme Court of the United States · 1899
- Chapman v. BarneySupreme Court of the United States · 1889
- Cameron v. HodgesSupreme Court of the United States · 1888
- Adams Express Co. v. SchofieldCourt of Appeals of Kentucky · 1901
- Stadlemann v. White Line Towing Co.U.S. Circuit Court for the District of Minnesota · 1899
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3Cited by3 opinions
- Raymond H. Grant v. Atlas Powder CompanyCourt of Appeals for the Sixth Circuit · 1957
- Mason v. American Express Co.District Court, S.D. New York · 1963
- Holton v. Helvetia-Swiss Fire Ins. Co. of St. GallU.S. Circuit Court for the District of Eastern New York · 1908