Legal Opinion

Wirgman v. Persons

Court of Appeals for the Fourth Circuit

Decided November 5, 1903No. 473PublishedCited by 8 opinions

Appeal from the Circuit Court of the United States for the Eastern District of North Carolina, at Raleigh, in Equity.

1Opinion of the Court

MORRIS, District Judge.

The sole question now before this court is whether the case was rightly removed from the state court, and whether, under the petition for removal, the failure to aver the citizenship of F. F. Brown, one of the defendants, resulted in a want of jurisdiction in the United States Circuit Court. As the result of a motion made in this court by the appellants, the transcript of the record was sent up without the testimony, and of the assignments of error only those relating to the jurisdiction of the Circuit Court have been argued before us. This was a complaint originally…

2Cases cited4 opinions

  1. Mitchell v. SmaleSupreme Court of the United States · 1891
  2. Bacon v. RivesSupreme Court of the United States · 1882
  3. Wilson v. Oswego TownshipSupreme Court of the United States · 1894
  4. Connell v. SmileySupreme Court of the United States · 1895

3Cited by8 opinions

  1. Morrisdale Coal Co. v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1910
  2. Ford v. AdkinsDistrict Court, E.D. Illinois · 1941
  3. Jordan v. MarksDistrict Court, W.D. Louisiana · 1944
  4. Burch v. Southern Pac. Co.U.S. Circuit Court for the District of Nevada · 1905
  5. TEXAS & PAC. R. CO. v. Brotherhood of Railroad TrainmenDistrict Court, W.D. Louisiana · 1945

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