Legal Opinion

Stephens v. Ringling

Supreme Court of South Carolina

Decided October 20, 1915No. 9218PublishedCited by 17 opinions

Before Hon. C. J. Ramage, special Judge, Columbia, December, 1914. Petition for removal of cause from State to Federal Court in action brought by Ella Stephens and husband, Samuel J. Stephens, against John Ringling, Charles Ringling, Henry Ringling, M. Ringling and Alf. T. Ringling, doing business as Ringling Brothers. From order granting removal,'the plaintiffs appeal. The facts are stated in the opinion. cite: As to appearance: Code Civ.

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Before Hon. C. J. Ramage, special Judge, Columbia, December, 1914. Petition for removal of cause from State to Federal Court in action brought by Ella Stephens and husband, Samuel J. Stephens, against John Ringling, Charles Ringling, Henry Ringling, M. Ringling and Alf. T. Ringling, doing business as Ringling Brothers. From order granting removal,'the plaintiffs appeal. The facts are stated in the opinion. cite: As to appearance: Code Civ. Proc., secs. 189, 295, 296; 70 S. C. 501, 507; 61 S. C. 519; 46 S. C. 11;' 35 S. C. 379; 74 S. C. 71; 72 S. C. 481; 94 S. C. 58; 1 Rose, Code Red. Proc.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

The appeal involves only one question, and that is whether this action is now moved from the Courts of this State, in which it was begun, to the Courts of the United States. Out of that other issues arise.

The argument on both sides is full and strong, and it deserves to be expended upon a more fruitful subject than jurisdiction.

The Circuit Court of this State arid the District Court of the United States have concluded that the action is now in the latter Court.

Confessedly the action, properly begun in the State Court, was removable to…

2Cases cited5 opinions

  1. Adkins v. MooreSupreme Court of South Carolina · 1895
  2. Jordan v. WilsonSupreme Court of South Carolina · 1904
  3. Able v. HallSupreme Court of South Carolina · 1915
  4. Stanley v. StanleySupreme Court of South Carolina · 1892
  5. Savannah Grocery Co. v. RizerSupreme Court of South Carolina · 1905

3Cited by17 opinions

  1. Jones v. Roberts Marble Co.Court of Appeals of Georgia · 1954
  2. Moss v. BishopSupreme Court of Georgia · 1975
  3. Stearns Bank National Ass'n v. Glenwood Falls, LPCourt of Appeals of South Carolina · 2007
  4. Bissonette v. JosephSupreme Court of South Carolina · 1933
  5. Brigman v. One 1947 Ford Convertible Coupe AutomobileSupreme Court of South Carolina · 1948

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