Legal Opinion

Bailey v. American Cent. Ins.

United States Circuit Court

Decided July 1, 1881Published

This is an action to recover damages upon a policy of insurance, and was originally instituted in the circuit court of Lee county, Iowa. The defendant, a non-resident corporation, appeared in the state court at the first term after the commencement of the suit, and, without filing any other pleading, presented its petition for a removal of the cause to this court.

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This is an action to recover damages upon a policy of insurance, and was originally instituted in the circuit court of Lee county, Iowa. The defendant, a non-resident corporation, appeared in the state court at the first term after the commencement of the suit, and, without filing any other pleading, presented its petition for a removal of the cause to this court. In the petition for removal the following statements- appear: “Your petitioner, the defendant, would respectfully show the court that the matter and amount in dispute in the above-entitled cause exceeds, exclusive of costs, the sum…

1Opinion of the Court

McCrary, O. J.

The act of congress of March 3, 1875, under which this case was removed, provides for the removal of causes “where the matter in dispute exceeds, exclusive of costs, the sum or value of $500, * * * in' which there shall be a controversy between citizens of different states.” It is insisted by the counsel for plaintiff that inasmuch as no answer or demurrer was filed in the state court, and no issue joined, we are bound to presume that there was no controversy in the case. That there must be a controversy in order to authorize the removal, is, of course, clear; and if it appears…

2Cases cited1 opinion

  1. Stanbrough v. GriffinSupreme Court of Iowa · 1879

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