La Montagne v. T. W. Harvey Lumber Co.
U.S. Circuit Court for the District of Eastern Wisconsin
At Law. Motion to remand. The plaintiff, a citizen of Wisconsin, brought suit in a state court against the defendant, a citizen of Illinois, to recover the sum of $1,004.07. The defendant made timely answer, pleading, inter alia, a counter-claim in the sum of $2,500, and simultaneously therewith filed in the state" court its petition for the removal of the cause to the federal court.
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At Law. Motion to remand. The plaintiff, a citizen of Wisconsin, brought suit in a state court against the defendant, a citizen of Illinois, to recover the sum of $1,004.07. The defendant made timely answer, pleading, inter alia, a counter-claim in the sum of $2,500, and simultaneously therewith filed in the state" court its petition for the removal of the cause to the federal court. The suit being here docketed, the plaintiff moves to remand the cause, upon the ground that the matter in dispute is less than the jurisdictional amount.
1Opinion of the CourtJenkins, J.
This court was without jurisdiction at the institution of the suit. It then involved an amount less than the amount requisite to confer jurisdiction. If jurisdiction now obtains, it is because of the counter-claim asserted by the defendant. It is insisted for the motion that, with respect to the counter-claim, the defendant stands in the light of a plaintiff, and cannot, therefore, be permitted to remove the cause to a federal court; and Lumber Co. v. Holtzclaw, 39 Fed. Rep. 578, is cited in support. There a non-resident plaintiff brought suit in a state court for an amount less than the…
2Cases cited18 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889
- Stevens v. NicholsSupreme Court of the United States · 1889
- Graves v. CorbinSupreme Court of the United States · 1890
- Insurance Company v. PechnerSupreme Court of the United States · 1877
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Haney v. WilcheckDistrict Court, W.D. Virginia · 1941
- McKown v. Kansas & T. Coal Co.U.S. Circuit Court for the District of Western Arkansas · 1901
- Enger v. Northern Finance CorporationDistrict Court, D. Minnesota · 1929
- Egan v. Preferred Accident Insurance Co.Wisconsin Supreme Court · 1936
- Tod v. Cleveland & M. V. Ry. Co.Court of Appeals for the Sixth Circuit · 1894
4 more not listed; retrieve them via the Exa API.