Legal Opinion

Whittier v. Hartford Fire Ins.

Supreme Court of New Hampshire

Decided March 11, 1875Published

This is an action of review of an action of assumpsit, brought’ by Charles C. Whittier (defendant in review) against the Hartford Fire Insurance Company (plaintiffs in review), upon a policy of insurance issued by the defendants. Tbe original action was tried by tlie jury, and on the trial exceptions were taken to the rulings of the court, and the case was reserved.

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This is an action of review of an action of assumpsit, brought’ by Charles C. Whittier (defendant in review) against the Hartford Fire Insurance Company (plaintiffs in review), upon a policy of insurance issued by the defendants. Tbe original action was tried by tlie jury, and on the trial exceptions were taken to the rulings of the court, and the case was reserved. These exceptions were overruled, and at the March term, 1874, of the supreme judicial court for said county, judgment was rendered for the plaintiff. The defendants then sued out their writ of review, which is dated May 2,1874,…

1Opinion of the Court

This is a petition to remove this cause to the circuit court of the United States for the district of New Hampshire, under the act of congress, passed March 2, 1877 (as claimed by the petitioner). The enactment of the Revised Statutes of the United States, which were approved June 22, 1874, operated to repeal the judiciary act of 1789, and the acts of 1866 and 1867 regulating the removal of actions from a state to a federal court. Under the act of 1866 an action within its provisions might be removed into the circuit court of the United States upon petition filed "at any time before the trial…

2Cases cited8 opinions

  1. Insurance Co. v. DunnSupreme Court of the United States · 1874
  2. Bryant v. RichMassachusetts Supreme Judicial Court · 1870
  3. Akerly v. VilasWisconsin Supreme Court · 1869
  4. Johnson v. MonellU.S. Circuit Court for the District of Nebraska · 1869
  5. Wetherbee v. JohnsonMassachusetts Supreme Judicial Court · 1817

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