Phenix Ins. v. Charleston Bridge Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the District of South Carolina. This was an action by the Charleston Bridge Company against the Phenix Insurance Company upon a policy of insurance. The action was brought in a court of the state of South Carolina, and was removed by the defendant to the federal court. A motion hy plaintiff to remand was denied (60 Fed. 929), and, upon the trial, judgment was given for the plaintiff. Defendant brings error.
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In Error to the Circuit Court of the United States for the District of South Carolina. This was an action by the Charleston Bridge Company against the Phenix Insurance Company upon a policy of insurance. The action was brought in a court of the state of South Carolina, and was removed by the defendant to the federal court. A motion hy plaintiff to remand was denied (60 Fed. 929), and, upon the trial, judgment was given for the plaintiff. Defendant brings error. This action at law was commenced in the court of common picas for Charleston county, S. C., on January 27, 1894, by service of…
1Opinion of the CourtMorris, District Judge
(after stating the facts as above). The reasons stated by the circuit judge for requiring the defendant to plead forthwith, and for directing the case to be placed on the trial calendar of the then pending term of the court, appear to us satisfactory, The time allowed the defendant in the state court to plead was not the 20 days after service, as prescribed by the state statute, hut the enlarged time fixed by the judge of that court, viz. the 10th of March, — a day certain. That day had passed when the defendant filed the transcript of record in the circuit court on the 2d of April, and the…
2Cases cited5 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Insurance Co. v. Transportation Co.Supreme Court of the United States · 1871
3Cited by15 opinions
- Fidelity-Phenix Fire Ins. v. Board of Ed.Supreme Court of Oklahoma · 1948
- Ronald Goodman v. Fireman's Fund Insurance CompanyCourt of Appeals for the Fourth Circuit · 1979
- Gillis v. Sun Insurance Office, Ltd.California Court of Appeal · 1965
- Muir v. Preferred Accident InsuranceSupreme Court of Pennsylvania · 1902
- Garrard v. Silver Peak MinesU.S. Circuit Court for the District of Nevada · 1896
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