Hobby v. Allison
U.S. Circuit Court for the District of Michigan
On Motion to Remand. This case was originally begun in the circuit court for the county of Saginaw, upon an account against the defendants, citizens of Michigan, in favor of Joseph P. Whittemore, also a citizen of Michigan, and by him assigned to the plaintiff, a citizen of New York.
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On Motion to Remand. This case was originally begun in the circuit court for the county of Saginaw, upon an account against the defendants, citizens of Michigan, in favor of Joseph P. Whittemore, also a citizen of Michigan, and by him assigned to the plaintiff, a citizen of New York. Before the term at which the case could first be tried, the plaintiff petitioned for a removal to the circuit court of the United States, under the act of 1867, upon the ground of prejudice and local influence. The usual transcript having been filed, defendants moved to remand upon the ground that the case could…
1Opinion of the Court
Brown, D. J.
Tho only limitation to the jurisdiction of the circuit courts contained in article 3, § 2, of the constitution, is, so far as the question of limitation is pertinent here, that the suit shall be between citizens of different states; but in parceling out this *402jurisdiction in the judiciary act, congress restricted that of the circuit courts to cases at law or in equity between citizens of different states, involving more than $500 in amount, and further prohibited such suits altogether, when brought to recover upon any promissory note or other chose in action in favor of an…
2Cases cited36 opinions
- Ware v. HyltonSupreme Court of the United States · 1796
- Gaines v. FuentesSupreme Court of the United States · 1876
- Insurance Co. v. DunnSupreme Court of the United States · 1874
- Bushnell v. KennedySupreme Court of the United States · 1870
- City of Lexington v. ButlerSupreme Court of the United States · 1872
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