Thurber v. Miller
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of South Dakota. This suit was commenced in the circuit court of Lawrence county, S. D., by Horace K. Thurber, appellant, against Mary C. Miller, Arthur James Miller, and Thurber Chumasero Miller, as heirs at law of James K. P. Miller, deceased, and Joseph Swift, E. B. Beecher, and William H. Swift, executors of the estate of James K. P. Miller, deceased, Addison W. Hastie, trustee, Fred T. Evans, the city…
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Appeal from the Circuit Court of the United States for the District of South Dakota. This suit was commenced in the circuit court of Lawrence county, S. D., by Horace K. Thurber, appellant, against Mary C. Miller, Arthur James Miller, and Thurber Chumasero Miller, as heirs at law of James K. P. Miller, deceased, and Joseph Swift, E. B. Beecher, and William H. Swift, executors of the estate of James K. P. Miller, deceased, Addison W. Hastie, trustee, Fred T. Evans, the city of Deadwood, and Lawrence county, S. D., to foreclose a mortgage made by James K. P. Miller, in his lifetime, to the…
1Opinion of the CourtCaldwell, Circuit Judge
Upon opening the record in this cause, it is apparent that the circuit court never acquired jurisdiction thereof. The petition for the removal shows no ground for the removal of the cause from the state court to the United States circuit court. The defect of jurisdiction was not brought to the attention of the circuit court by a motion to remand the cause to the state court, or otherwise, nor has it been called to the attention of this court by counsel; but it is our duty, under the law, to examine the record, and, if it appears that the circuit court never acquired jurisdiction of the cause,…
2Cases cited24 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Ex Parte Crow DogSupreme Court of the United States · 1883
- Kennedy v. GibsonSupreme Court of the United States · 1869
- United States v. FreemanSupreme Court of the United States · 1845
- Torrence v. SheddSupreme Court of the United States · 1892
19 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
- Chauncey v. Dyke Bros.Court of Appeals for the Eighth Circuit · 1902
- Davis v. BohleCourt of Appeals for the Eighth Circuit · 1899
- Hough v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Steele v. BuelCourt of Appeals for the Eighth Circuit · 1900
24 more not listed; retrieve them via the Exa API.