Legal Opinion

Terry v. Davy

Court of Appeals for the Sixth Circuit

Decided March 9, 1901No. 901PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the Southern District of Ohio.

1Opinion of the Court

LURTON, Circuit Judge.

The plaintiff in error, describing himself as a citizen of North Carolina, brought an action in the circuit court of the United States for the Southern district of Ohio against John W. Davy, a citizen of Ohio. The defendant pleaded in abatement that the plaintiff “is, and was at the time of commencing said action, a citizen of Ohio.” The plaintiff filed a reply to this plea, which, by leave of the court, he several times amended; his last amendment being in these words:

“Now comes Harvey Terry, the complainant, and by leave of court moves to amend his reply filed January…

2Cases cited4 opinions

  1. Farmington v. PillsburySupreme Court of the United States · 1885
  2. Hartog v. MemorySupreme Court of the United States · 1886
  3. Ashley v. Board of SupervisorsCourt of Appeals for the Sixth Circuit · 1893
  4. Imperial Refining Co. v. WymanU.S. Circuit Court for the District of Northern Ohio · 1889

3Cited by5 opinions

  1. Hill v. WalkerCourt of Appeals for the Eighth Circuit · 1909
  2. McEldowney v. CardU.S. Circuit Court for the District of Eastern Tennessee · 1911
  3. Kirven v. Virginia-Carolina Chemical Co.Court of Appeals for the Fourth Circuit · 1906
  4. Bradford Belting Co. v. Kisinger-Ison Co.Court of Appeals for the Sixth Circuit · 1902
  5. Mulqueen v. Schlichter Jute Cordage Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1901

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