Legal Opinion

Waite v. Phoenix Ins. Co.

U.S. Circuit Court for the District of Middle Tennessee

Decided May 10, 1894No. 2,947PublishedCited by 12 opinions

Tliis action ivas commenced in a state court by William Waite against the Phoenix Insurance Company, -and was removed by defendant to this court. Plaintiff moved to remand the case to the state court.

1Opinion of the Court

KEY, District Judge.

This suit was commenced in the circuit court of Bedford county, Tenn., returnable the first Tuesday after the first Monday in August, 1893, which was the 7th day of the month. On the 3Oth day of the month, which was the third day of the term, plaintiff having filed no declaration, the defendant presented to the court its petition, affidavit, and bond for the removal of the cause to this court, and a motion is made on behalf of plaintiff to remand the cause to the state court.

The petition for removal alleges the diverse citizenship of the parties, that the amount in…

2Cases cited4 opinions

  1. Carson v. DunhamSupreme Court of the United States · 1887
  2. Burlington, Cedar Rapids & Northern Railway Co. v. DunnSupreme Court of the United States · 1887
  3. Insurance Co. v. DunnSupreme Court of the United States · 1874
  4. Kanouse v. MartinSupreme Court of the United States · 1854

3Cited by12 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Mississippi Power & Light Co. v. PittsMississippi Supreme Court · 1938
  3. Hayward v. Nordberg Mfg. Co.Court of Appeals for the Sixth Circuit · 1898
  4. Cline v. BeltDistrict Court, E.D. Kentucky · 1942
  5. Lake Erie & Western Railroad v. HuffmanIndiana Supreme Court · 1912

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