Legal Opinion

Price & Hart v. T. J. Ellis & Co.

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

Decided April 11, 1904No. 5,265PublishedCited by 15 opinions

On Motion to Remand to State Court.

1Opinion of the Court

TRIEBER, District Judge.

The only question involved in this motion to remand is whether the plaintiff, who is a nonresident of the state, and who has instituted an action at law in the state court against a residen of this state to recover a sum of money not exceeding $2,000, can remove the cause to a national court when the defendant filed with his answer denying the plaintiff’s demand a counterclaim by which he seeks to recover from the plaintiff a judgment for more than $2,000, exclusive of interest and costs. The question has never been authoritatively settled by the decision of any court…

2Cases cited17 opinions

  1. Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
  2. West v. Aurora CitySupreme Court of the United States · 1868
  3. Block v. DarlingSupreme Court of the United States · 1891
  4. Brisenden v. ChamberlainU.S. Circuit Court for the District of South Carolina · 1892
  5. Champlain Const. Co. v. O'BrienU.S. Circuit Court for the District of Vermont · 1900

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

3Cited by15 opinions

  1. Habermel v. MongCourt of Appeals for the Sixth Circuit · 1929
  2. Haney v. WilcheckDistrict Court, W.D. Virginia · 1941
  3. Harley v. Firemen's Fund Ins.District Court, W.D. Washington · 1913
  4. Hagerla v. Mississippi River Power Co.District Court, S.D. Iowa · 1912
  5. Sheets v. Shamrock Oil & Gas Corp.Court of Appeals for the Fifth Circuit · 1940

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

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