Smith v. McKay
U.S. Circuit Court for the District of Eastern Michigan
Motion to Bemand. This was an action of replevin originally commenced in the state court by John L. Smith, a citizen of the state of New York, against John McKay, Eugene Eobinson, Jesse H. Farrell, Henry Eose, (impleaded as John Doe,) and J. P. Johnson, all citizens of the state of Michigan.
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Motion to Bemand. This was an action of replevin originally commenced in the state court by John L. Smith, a citizen of the state of New York, against John McKay, Eugene Eobinson, Jesse H. Farrell, Henry Eose, (impleaded as John Doe,) and J. P. Johnson, all citizens of the state of Michigan. The petition for removal was made by defendant MeKay alone, and set forth, v\ addition to the other material allegations, that he was “a citizen of the state of Michigan; that Eugene Eobinson, Jesse H. Farrell, Henry Eose, (impleaded as John Doe,) wore and are also citizens of the state of Michigan, and…
1Opinion of the Court
Brown, D. J.
This suit was removed under the second section of the act of March 3, 1875: This section provides for the removal of suits between citizens of different states in two classes of cases: First, cases in which there shall be a controversy between citizens of different states, in which case “either party” may remove the suit into the proper circuit court; second, cases in which there shall be a controversy “between citizens of different states, and which can be fully determined as between them,” in which case “either one or more of the plaintiffs or defendants actually interested in…
2Cases cited4 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Ward v. ArredondoU.S. Circuit Court for New York · 1825
- Smith v. RinesU.S. Circuit Court for the District of Massachusetts · 1836
- National Union Bank v. DodgeU.S. Circuit Court for the District of New Jersey · 1879
3Cited by1 opinion
- Thompson v. Chicago, St. P. & K. C. Ry. Co.U.S. Circuit Court for the District of Minnesota · 1894