Legal Opinion

People's United States Bank v. Goodwin

U.S. Circuit Court for the District of Eastern Missouri

Decided April 23, 1908No. 5,529PublishedCited by 4 opinions

On Motion to Remand to State Court. Tills is an action for libel instituted in a state court, removed on the petition of the defendants to this court, and plaintiff now moves to remand it upon the ground, that the petition for removal is founded solely upon the fact that there is a federal question involved, and the original petition of plaintiff fails to show that fact.

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On Motion to Remand to State Court. Tills is an action for libel instituted in a state court, removed on the petition of the defendants to this court, and plaintiff now moves to remand it upon the ground, that the petition for removal is founded solely upon the fact that there is a federal question involved, and the original petition of plaintiff fails to show that fact. The petition charges the defendants with malicious libel in publishing and circulating certain statements concerning the plaintiff which are in the petition set out. There is nothing in the petition to show that the…

1Opinion of the CourtTrieber, District Judge

(after stating the facts as above). There can be no longer any doubt in view of what has been determined by the Supreme Court in Tennessee v. Union & Planters’ Bank, 152 U. S. 454, 14 Sup. Ct. 654, 13 L. Ed. 511; Postal Telegraph Co. v. Alabama, 155 U. S. 482, 15 Sup. Ct. 192, 39 L. Ed. 231; Chappell v. Waterworth, 155 U. S. 102, 15 Sup. Ct. 34, 39 L. Ed. 85; Milling Co. v. McFadden, 180 U. S. 533, 21 Sup. Ct. 488, 45 L. Ed. 656; Minnesota v. Northern Securities Co., 194 U. S. 48, 24 Sup. Ct. 598, 48 L. Ed. 870, that ordinarily, in order to justify a removal of a cause from a state to a…

2Cases cited43 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  3. Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
  4. In Re NeagleSupreme Court of the United States · 1890
  5. Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894

38 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Arthur v. FryDistrict Court, E.D. Tennessee · 1969
  2. Poss v. LiebermanDistrict Court, E.D. New York · 1960
  3. City of Stanfield v. Umatilla River Water Users' Ass'nU.S. Circuit Court for the District of Oregon · 1911
  4. Chock Sing v. BreckonsDistrict Court, D. Hawaii · 1910

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