P. Schwenk & Co. v. Strang
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. In Equity. Suit commenced in a state court by P. Schwenk & Co. against A. L. Strang, A. L. Strang & Co., the Norfolk Waterworks Company, J. H. Millard, the Omaha National Bank, the Shickle, Harrison & Howard Iron Company, and O. Gr. Miller. The cause was removed to the United States circuit court on the ground of local prejudice, and the complaint was afterwards dismissed. Complainant appeals.
1Opinion of the Court
CALDWELL, Circuit Judge.
This action was commenced in the district court of Madison county, Neb. The defendant, the Shickle, Harrison & Howard Iron Company filed its petition in the circuit, court of the United States for the district of Nebraska for the removal of the suit to that court on the ground of prejudice and local influence. The petition and affidavit for removal make only this averment in relation to the alleged prejudice and local influence:
“Affiant further says that on account of prejudice and local influence the said petitioner will not be able to obtain justice in the said…
2Cases cited3 opinions
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Fisk v. HenarieSupreme Court of the United States · 1892
- Malone v. Richmond & D. R. Co.U.S. Circuit Court for the District of Eastern North Carolina · 1888
3Cited by5 opinions
- Olds Wagon Works v. BenedictCourt of Appeals for the Eighth Circuit · 1895
- Crotts v. Southern Ry. Co.U.S. Circuit Court for the District of Western North Carolina · 1898
- Ellison v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1902
- Commonwealth v. LitchfieldDelaware County Court of Quarter Sessions · 1929
- Golightly v. Massachusetts Bonding & Ins.District Court, N.D. Texas · 1924