Commonwealth v. East Tennessee Coal Co.
Court of Appeals of Kentucky
Case 40 — PETITION ORDINARY APPEAL FROM WHITLEY CIRCUIT COURT. The single question presented by this appeal is as to the constitutionality of the Kentucky statutes forbidding the removal of causes from State to Federal courts.
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Case 40 — PETITION ORDINARY APPEAL FROM WHITLEY CIRCUIT COURT. The single question presented by this appeal is as to the constitutionality of the Kentucky statutes forbidding the removal of causes from State to Federal courts. The cases bearing upon the subject are: Doyle v. Insurance Co., 94 U. S., 525; Barron v. Burnside, 121 U. S., 186; Railroad v. Denton, 146 U. S., 207; Martin v. Baltimore R. Co., 151 U. S., 68,4. Section 572 of the Kentucky Statutes is unconstitutional, because it imposes upon foreign corporations doing business in Kentucky, conditions which are repugnant to the…
1Opinion of the Court
JUDGE EASTIN
delivered the opinion of the court.
This appeal involves the constitutionality of sec. 572 of the Kentucky Statutes which is in these words, to-wit:
*239“If any foreign corporation shall, without the consent of the adverse party, remove to a‘ Federal court any action pending against it in any court of this State, or institute an action against a citizen of this State in a Federal court of this State, such action on the part of the corporation shall forfeit its right to transact or carry on any business m this State; and such corporation, and any officer, agent or employe thereof, who…
2Cases cited6 opinions
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- Doyle v. Continental InsuranceSupreme Court of the United States · 1877
- Barron v. BurnsideSupreme Court of the United States · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Prewitt v. Security Life Ins.Court of Appeals of Kentucky · 1904
- Prewitt v. Security Life Ins.Court of Appeals of Kentucky · 1904