Nelson v. Hennessey
U.S. Circuit Court for the District of Minnesota
On Motion to Remand. Otto J. Nelson, as administrator, brought action for damages for the death of his intestate, caused by the falling of a building, making David J. Hennessey, the owner of the building, and Johnson, tho tenant in occupation, defendants. Hennessey was a resident of another state, and on that ground secured a removal to the federal court.
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On Motion to Remand. Otto J. Nelson, as administrator, brought action for damages for the death of his intestate, caused by the falling of a building, making David J. Hennessey, the owner of the building, and Johnson, tho tenant in occupation, defendants. Hennessey was a resident of another state, and on that ground secured a removal to the federal court. Plaintiff then moved to remand, as only one of the defendants was a resident of another state, and the action, was for a joint tort.
1Opinion of the CourtBrewer, J.
This is a motion to remand. The complaint charges the death of the plaintiff’s intestate through the negligence of the defendants, and seeks to recover therefor. There are two defendants, Hennessey and Johnson. Hennessey, by reason of difference of citizenship, would be entitled to a removal. Johnson, being a citizen of the same state with the plaintiff, would not. It is claimed that this is an action for a joint tort, and therefore, unless both defendants have a right of removal, this court cannot take jurisdiction, and the case must be remanded. This is undoubtedly true if (he complaint…
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- North Side Canal Co. v. Twin Falls Canal Co.District Court, D. Idaho · 1926
- Shepherd v. Bradstreet Co.U.S. Circuit Court for the District of Western Missouri · 1895