Hardwick v. Kean
Court of Appeals of Kentucky
Case 95 — PETITION ORDINARY APPEAL FROM POWELL COURT OF COMMON PLEAS. 1. Air order transferring a ease from a State to a Eederal court is a final order from which an appeal lies. (Mercer, &c., v. Glass’ Ex’or, 89 Ky., 199; Hall & Long v. Ricketts, 9 Bush, 370; Akerley v. Vilas, 24 Wis., 165. 2. To effect a removal, there must be some proof of citizenship in another State. The mere assertion of the party seeking the removal is not sufficient.
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Case 95 — PETITION ORDINARY APPEAL FROM POWELL COURT OF COMMON PLEAS. 1. Air order transferring a ease from a State to a Eederal court is a final order from which an appeal lies. (Mercer, &c., v. Glass’ Ex’or, 89 Ky., 199; Hall & Long v. Ricketts, 9 Bush, 370; Akerley v. Vilas, 24 Wis., 165. 2. To effect a removal, there must be some proof of citizenship in another State. The mere assertion of the party seeking the removal is not sufficient. (Eastin v. Rucker, 1 J. J. Mar., 332.) ' As the petition for removal is verified only by attorney, which is not authorized by law, the pleading amounts…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT,
This is ail action instituted in Powell Circuit Court by J. R. Hardwick against Hamilton E. Kean, receiver of the Kentucky Union Railway Company, to recover (lam-ages resulting from alleged improper construction and operation of the road upon plaintiff’s land.
At the time fixed liy the Civil Code for defendant, to answer, he filed his petition for removal of the cause from Powell Circuit Court to Circuit Court of the United States for the district of Kentiiclcy', upon the ground he was and is a citizen of the State of New Jersey. And in an amended…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Buck v. ColbathSupreme Court of the United States · 1866
- Bock v. PerkinsSupreme Court of the United States · 1891
- Feibelman v. PackardSupreme Court of the United States · 1883
3Cited by3 opinions
- State ex rel. Attorney General v. FrostWisconsin Supreme Court · 1902
- Chesapeake v. SmithCourt of Appeals of Kentucky · 1897
- Ford Motor Co. v. VanoverCourt of Appeals of Kentucky (pre-1976) · 1946