Frisbie v. Chesapeake & O. Ry. Co.
U.S. Circuit Court for the District of Kentucky
At Law. Suit in the circuit court of Bracken county, Ky., by H. B. Frisbie against the Chesapeake & Ohio Railway Company. Defendant removed the cause to this court. Plaintiff demurred to defendant's answer, and now moves to remand.
1Opinion of the Court
LIJRTON, Circuit Judge.
This suit was begun in the circuit court of Bracken county, Ky., and on petition of the defendant, alleging that it is a controversy wholly between citizens of different slates, it was removed co this court. The matter is now heard upon a motion by plaintiff to remand to the state court, because there is no averment that the defendant company was a nonresident of Kentucky at the time the suit was begun. Such an averment is necessary, inasmuch as the right of removal upon the ground that the suit is wholly between citizens of different states is a right which, by the act…
2Cases cited7 opinions
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- Muller v. DowsSupreme Court of the United States · 1876
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3Cited by10 opinions
- Personal Finance Co. of NJ v. BrunsNew Jersey Superior Court Appellate Division · 1951
- Knight v. Lutcher & Moore Lumber Co.Court of Appeals for the Fifth Circuit · 1905
- Baltimore & O. R. v. McLaughlinCourt of Appeals for the Sixth Circuit · 1896
- Fishblatt v. Atlantic CityU.S. Circuit Court for the District of New Jersey · 1909
- Fluoro Electric Corp. v. Smith Transport Ltd.New Jersey Superior Court Appellate Division · 1959
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