Legal Opinion

Martin v. Carter

U.S. Circuit Court for the District of Montana

Decided November 16, 1891PublishedCited by 6 opinions

On Motion to Remand. Action by James E. Martin against John F. Carter, Selena H. Carter, the Montana Mining & Reduction Company, John W. Cook, and Samuel Whitney. The cause was removed to the United States circuit court, and defendants Cook and Whitney moved to remand it..

1Opinion of the CourtKnowles, J.

This cause is now before the. court on a motion to remand the same to the state district court, in which the cause of action was instituted. The complaint ivas filed on the 3d day of October, 1890, and on the same day a summons was issued in the cause. It does not appear from the return of the sheriff on the summons that it ivas served upon the defendant Montana Mining & Reduction Company, but on the 8th day of November, 1890, said defendant filed its demurrer to plaintiff’s -complaint. On the 8th day of December, of the same year, plaintiff filed an amended complaint. On the 6th day of…

2Cases cited5 opinions

  1. Alley v. NottSupreme Court of the United States · 1884
  2. Ayres v. C., R. I. & P. R.Supreme Court of Iowa · 1879
  3. Tyrrell v. BaldwinCalifornia Supreme Court · 1885
  4. City of Newton v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
  5. McGary v. PedrorenaCalifornia Supreme Court · 1881

3Cited by6 opinions

  1. Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
  2. Pruitt v. Charlotte Power Co.Supreme Court of North Carolina · 1914
  3. Chiatovich v. HanchettU.S. Circuit Court for the District of Nevada · 1897
  4. Tevis v. Palatine Ins.U.S. Circuit Court for the District of Northern California · 1906
  5. Hager v. New York Oil Co.District Court, W.D. Washington · 1927

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