Legal Opinion

Park Square Automobile Station v. American Locomotive Co.

District Court, N.D. New York

Decided March 30, 1915PublishedCited by 10 opinions

At Law. Action by the Park Square Automobile Station against the American Locomotive Company. On motion by plaintiff to remand to the superior court of the state of New Hampshire, and motion by defendant to make a late entry in this court. Defendant’s motion granted.

1Opinion of the Court

RAY, District Judge.

So far as the motion by defendant for late entry is concerned, the motion is granted, as I deem it in the interest of justice. The errors and mistakes sought to be corrected grew .out of misapprehension and errors as to the true residence, etc., of the defendant. In fact, no serious opposition is made to the granting of the application.

The motion to remand presents a serious and more difficult question, arising from what appear to be conflicting provisions of the Judicial Code of the United States, more particularly those relating to the bringing of actions in the District…

2Cases cited19 opinions

  1. Tennessee v. DavisSupreme Court of the United States · 1880
  2. Goldey v. Morning NewsSupreme Court of the United States · 1895
  3. Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
  4. In Re MooreSupreme Court of the United States · 1908
  5. Ex Parte WisnerSupreme Court of the United States · 1906

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3Cited by10 opinions

  1. Farmland Irrigation Co. v. DopplmaierCalifornia Supreme Court · 1957
  2. Matarazzo v. HustisDistrict Court, N.D. New York · 1919
  3. Eddy v. Chicago & N. W. Ry. Co.District Court, W.D. Wisconsin · 1915
  4. Ostrom v. EdisonDistrict Court, D. New Jersey · 1917
  5. Hershiser v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1918

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