Allen v. Sewanee Fuel & Iron Co.
District Court, E.D. Tennessee
At Law. Action by W. H. Allen against the Sewanee Fuel & Iron Company. On motion to remand to state court. Action at law brought by plaintiff, a citizen of Tennessee, in the Circuit Court of Hamilton County, Tennessee, May 23, 1917, against the defendant corporation, a citizen of Alabama.
Read the full summary
At Law. Action by W. H. Allen against the Sewanee Fuel & Iron Company. On motion to remand to state court. Action at law brought by plaintiff, a citizen of Tennessee, in the Circuit Court of Hamilton County, Tennessee, May 23, 1917, against the defendant corporation, a citizen of Alabama. Declaration filed June 14, 1917. Petition for removal on ground of diversity of citizenship filed by defendant June 25, 1917. Removal denied by the Circuit Judge, July 16, 1917, on the ground that the petition was filed too late. A transcript of the proceedings in the State court having been subsequently…
1Opinion of the CourtSanford, District Judge
(after stating the facts as above). [1 ] 1. By sec. 2 of the Tenn. Acts of 1915, ch. 18, p. 40, as amended by sec. 1 of ch. 140 of said Acts, p. 398, it was provided that in the 6th Judicial Circuit, composed of Hamilton County, there should be opened and held twelve appearance terms* beginning on the first Monday in each month, to which all process, except final, should be returnable, and at which issues should be made up under the rules of practice then provided by law; and three trial terms, on the first Monday in January, May and . September. I see no reason to doubt the constitutionality…
2Cases cited3 opinions
- Kansas City, Fort Scott & Memphis Railroad v. DaughtrySupreme Court of the United States · 1891
- Lockhart v. Memphis & L. R. R.U.S. Circuit Court for the District of Western Tennessee · 1889
- Lewis v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Eastern Tennessee · 1910
3Cited by2 opinions
- Nichols v. KingTennessee Supreme Court · 1950
- Whitson v. Southern Ry. Co.Tennessee Supreme Court · 1945