Philadelphia & Boston Face Brick Co. v. Warford
District Court, D. Massachusetts
On Motion to Remand to State Court. The writ in this case issued from the superior court for the county of Suffolk, in the state of Massachusetts, and was returnable on the 5th day of November, 1900. The plaintiff is a corporation organized under the laws of Pennsylvania. The defendants are residents and citizens of New York.
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On Motion to Remand to State Court. The writ in this case issued from the superior court for the county of Suffolk, in the state of Massachusetts, and was returnable on the 5th day of November, 1900. The plaintiff is a corporation organized under the laws of Pennsylvania. The defendants are residents and citizens of New York. On a petition to transfer the suit to this court, made by the defendants, the ease was entered here by them on November 28, 1900. September 5, 1901, the plaintiff filed here a general appearance. Afterwards it filed a motion to amend, to which the defendants consented in…
1Opinion of the CourtPutnam, Circuit Judge
(orally). I wish to say that I have not been able to find such authority on this question of removal as I had hoped for. The difficulty arises from the fact that, as neither party is a citizen of Massachusetts, the suit could not, under the terms of the jurisdictional statutes, have been brought in this court. Yet, nevertheless, if it had been brought here. Although the citizenship of the parties is not that named by the statute, it is thoroughly well settled that, if all parties had appeared and made no seasonable objection, the court would have jurisdiction, because they are citizens of…
2Cases cited2 opinions
- Guarantee Co. of North America v. Mechanics' Sav. Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Baggs v. MartinSupreme Court of the United States · 1900
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- Handley-Mack Co. v. Godchaux Sugar Co.Court of Appeals for the Sixth Circuit · 1924
- Fienup v. KleinmanCourt of Appeals for the Eighth Circuit · 1925
- Kearney v. DollarDistrict Court, D. Delaware · 1953
- Mellon v. International Shoe Co.District Court, D. Massachusetts · 1929
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