Pennsylvania Co. v. Bender
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. On September 12, 1887, the defendant in error filed his petition in the court of common pleas of Holmes County, Ohio, to'recover from the defendant, the Pennsylvania Company, the sum of $10,000. On October 3, the defendant answered. On March 2, 1888, it filed a petition for removal to the United States Circuit Court for the Northern District of Ohio.
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ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. On September 12, 1887, the defendant in error filed his petition in the court of common pleas of Holmes County, Ohio, to'recover from the defendant, the Pennsylvania Company, the sum of $10,000. On October 3, the defendant answered. On March 2, 1888, it filed a petition for removal to the United States Circuit Court for the Northern District of Ohio. On March 21, a motion was made to strike this petition from the files, which, on March 27, was sustained. At the May term, 1888, a trial was had, both parties appearing. A verdict was returned by…
1Opinion of the CourtJustice Brewer
So far as the record of the case in the court of common pleas is concerned, there is/obviously no error and no semblance of a Federal question. The petition there filed for removal was manifestly defective. It simply alleged that the plaintiff was a resident of the State of Ohio, and did not show his citizenship. In the petition in error filed in the Circuit Court no complaint ivas made of the order of the court of common pleas, striking out this petition for removal. Looking, therefore, only at the record of the court of common pleas, as it was presented to the Circuit Court, there was but…
2Cases cited2 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Kanouse v. MartinSupreme Court of the United States · 1854
3Cited by16 opinions
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
- Delaware, L. & W. R. v. PetrowskyCourt of Appeals for the Second Circuit · 1918
- Stadtmuller v. MillerCourt of Appeals for the Second Circuit · 1926
- Vadner v. VadnerDistrict Court, D. Nevada · 1918
- Bacon v. Iowa Central Railway Co.Supreme Court of Iowa · 1912
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