Legal Opinion
Twin Hills Gasoline Co. v. Bradford Oil Corp.
District Court, E.D. Oklahoma
Decided November 19, 1919No. 2853PublishedCited by 16 opinions
At Law. Action by the Twin Hills Gasoline Company against the Bradford Gil Corporation, begun in state court and removed to the federal court.
1Opinion of the Court
WILLIAMS', District Judge.
[1] In Johnson v. Computing Scale Co. (C. C.) 139 Fed. 339, it was said that—
“Where the amount claimed by a plaintiff in his complaint in a state court, and which he is entitled to recover if its allegations are true, is sufficient to give a federal court jurisdiction, and the cause is otherwise removable, he cannot defeat such jurisdiction after removal by changing his position or the record with respect to the amount claimed.”
The claim as made, and standing on the record of the case at the time the removal is effected, is what determines the jurisdiction of the…
2Cases cited3 opinions
- Hayward v. Nordberg Mfg. Co.Court of Appeals for the Sixth Circuit · 1898
- Johnson v. Computing Scale Co.U.S. Circuit Court for the District of Northern New York · 1905
- Riggs v. ClarkCourt of Appeals for the Sixth Circuit · 1896
3Cited by16 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Reynolds v. McMan Oil & Gas Co.Texas Commission of Appeals · 1928
- Northern Natural Gas Company v. GroundsDistrict Court, D. Kansas · 1968
- Livingston Oil Corp. v. WaggonerCourt of Appeals of Texas · 1925
- Travelers' Protective Ass'n of America v. SmithCourt of Appeals for the Fourth Circuit · 1934
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