Legal Opinion

Leutze v. Butterfield

New York Court of Common Pleas

Decided February 5, 1877Published

Appeal by the defendant from a judgment of this court ■entered on the report of a referee. The plaintiff, a citizen of New York, sued the defendant, a citizen of Massachusetts, for a balance of account alleged to be due the plaintiff’s assignor.

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Appeal by the defendant from a judgment of this court ■entered on the report of a referee. The plaintiff, a citizen of New York, sued the defendant, a citizen of Massachusetts, for a balance of account alleged to be due the plaintiff’s assignor. The defendant entered his appearance in the action arid filed his petition and bond for the removal of the cause to the Circuit Court of the United States for the Southern District of New York in pursuance ■of the act of Congress of March 3d,11875. The claim in dispute was assigned to the plaintiff by one Henry E. Townsend, a citizen of Massachusetts.…

1Opinion of the CourtLarremore, J.

The proceedings by the defendant to remove the action were proved on the trial and an exception taken to the refusal of the referee to find that this court had no jurisdiction in the premises.

The first question for consideration is necessarily that of jurisdiction. Is this court the proper tribunal for the adjudi*26cation of the rights' of the parties ? This depends upon the construction given to the act of' Congress passed March 3d, 1875 (U. S. Statutes, 1875, ch. 137), entitled “An act te determine the jurisdiction of Circuit Courts of the United States and to regulate the removal of causes…

2Cases cited7 opinions

  1. Gordon v. LongestSupreme Court of the United States · 1842
  2. Stevens v. . the Phoenix Insurance Co.New York Court of Appeals · 1869
  3. Holden v. . the Putnam Fire Insurance Co.New York Court of Appeals · 1871
  4. Bell v. . DixNew York Court of Appeals · 1872
  5. People v. WRIGHT (EDWARD)New York Court of Appeals · 1976

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