Legal Opinion

West v. Smith

Supreme Court of the United States

Decided December 22, 1879No. 101PublishedCited by 88 opinions

Error to the Circuit Court of the United States for the District of Connecticut. The facts are stated in the opinion of the court.

1Opinion of the Court

Me. Justice -Cliffoed

delivered the opinion of the court.

Due removal of the suit before the court was made from the State court where it was commenced, into the Circuit Court, in which case it is no longer usual to file new pleadings, the act of Congress providing that the practice, pleadings, and forms and modes of proceeding in common-law actions shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time, in like causes, in the courts of record of the State within which such Circuit Court is held, any rule of court to the contrary…

2Cases cited8 opinions

  1. Etting v. Bank of United StatesSupreme Court of the United States · 1826
  2. Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
  3. Barreda v. SilsbeeSupreme Court of the United States · 1859
  4. Hartford Bridge Co. v. GrangerSupreme Court of Connecticut · 1822
  5. Perry v. Simpson Waterproof Manufacturing Co.Supreme Court of Connecticut · 1873

3 more not listed; retrieve them via the Exa API.

3Cited by88 opinions

  1. Freeman v. Bee MacHine Co., IncSupreme Court of the United States · 1943
  2. Smith v. WhittierCalifornia Supreme Court · 1892
  3. John Factor v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1960
  4. Shipley v. Pittsburgh & L. E. R. Co.District Court, W.D. Pennsylvania · 1949
  5. Broadway & Ninety-Sixth Street Realty Co. v. Loew's Inc.District Court, S.D. New York · 1958

83 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API