Legal Opinion

Knapp v. Railroad Co.

Supreme Court of the United States

Decided May 18, 1874PublishedCited by 37 opinions

Error to the Circuit Court for the District of Vermont;. the only question in the ease being whether the suit originally brought in a State court (the County Court for tbe County of Bennington)', had been rightly removed to the Circuit' Court, in pursuance of the act of Congress of March 2d, 1867;* one enactment of which is as follows: “That where a suit is now pending, or may hereafter be brought-in any State court, in which there is a controversy between a citizen of the…

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Error to the Circuit Court for the District of Vermont;. the only question in the ease being whether the suit originally brought in a State court (the County Court for tbe County of Bennington)', had been rightly removed to the Circuit' Court, in pursuance of the act of Congress of March 2d, 1867;* one enactment of which is as follows: “That where a suit is now pending, or may hereafter be brought-in any State court, in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State, and the matter in dispute exceeds the sum of $500,…

1Opinion of the CourtJustice Davis

delivered the opinion of the court.'

In the consideration of the question whether or not the Circuit Court had the,right to try the case, wer áre confined to the papers sent up with the order for removal and the papers filed in support of the motion to remand. If anything occurred On the hearing of this motion, which ought to have been preserved, it has not been done, for there is neither a bill of exceptions nor an agreed case in the record. It is true, the clerk makes a recital, running through nearly three pages of the transcript, of the various matters which, he says, were proved on the…

2Cited by37 opinions

  1. Lincoln Property Co. v. RocheSupreme Court of the United States · 2005
  2. Bullard v. City of CiscoSupreme Court of the United States · 1933
  3. Hamer v. New York Railways Co.Supreme Court of the United States · 1917
  4. Thayer v. Life Assn. of AmericaSupreme Court of the United States · 1885
  5. Rosecrans v. William S. Lozier, Inc.Court of Appeals for the Eighth Circuit · 1944

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