Groom v. Mortimer Land Co.
Court of Appeals for the Fifth Circuit
Appeal and Cross-Appeal from the Circuit Court of the United States for the Northern District of Texas. Bill by Harrison T. Groom against the Mortimer Land Company and others.
1Opinion of the Court
GRUBB, District Judge.
[1] This' case was brought in the state court against the Mortimer Land Company as sole defendant, and was by it removed to the Circuit Court of the United States. At the time of the removal, the defendant corporation was dissolved, and the question that presents itself on the threshold is whether the dissolved corporation was a party with capacity to remove the case to the federal court. The act of New Jersey, under which the defendant corporation was dissolved, perpetuates its corporate existence “for the purpose of prosecuting or defending suits by or against them.”…
2Cases cited13 opinions
- Fall v. EastinSupreme Court of the United States · 1909
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Canada Southern Railway Co. v. GebhardSupreme Court of the United States · 1883
- Relfe v. RundleSupreme Court of the United States · 1881
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3Cited by9 opinions
- Fort Worth Independent School Dist. v. Ætna Casualty & Surety Co.Court of Appeals for the Fifth Circuit · 1931
- Fleeger v. Clarkson Co.District Court, N.D. Texas · 1980
- Berger v. CommissionerUnited States Tax Court · 1996
- Lauril M. Allis v. Louis Allis, Jr. And Western Farms, Ltd.Court of Appeals for the Fifth Circuit · 1967
- United States v. Indian Hill Farm, Inc.Court of Appeals for the Second Circuit · 1958
4 more not listed; retrieve them via the Exa API.