Legal Opinion
Montgomery & Atlanta Motor Freight Lines, Inc. v. Morris
Mississippi Supreme Court
Decided April 27, 1942No. 34966; 34966PublishedCited by 4 opinions
1Opinion
ON SUGGESTION OF ERROR.
In the opinion handed down in this case the statement that no diversity of citizenship was shown until the administratrix was eliminated is not true. Diversity of citizenship was shown when the children of Mrs. Villere were made parties plaintiff with the administratrix. It was removable then, because under the law the administratrix had no right to sue, and there was diversity of citizenship between the Villere children and the motor company.
The United States District Court refused to entertain jurisdiction and remanded the case back to the state court on the ground…
2Cases cited16 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Stone v. South CarolinaSupreme Court of the United States · 1886
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mitchell v. CraftMississippi Supreme Court · 1968
- Goldsby v. StateMississippi Supreme Court · 1960
- General Contract Corp. v. BaileyMississippi Supreme Court · 1953
- Hordge v. YeatesDistrict Court, S.D. Mississippi · 1957