Legal Opinion

Clarkson v. Manson

New York Marine Court

Decided October 15, 1880Published

Motion to vacate ex paa-te order removing cause to United States court. The defendant, on a petition presented to this court, stating that the parties were residents of different states, and that the amount in dispute exceeded $500, obtained an ex pa/rie order thSt the action be transferred to the United States circuit court for trial.

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Motion to vacate ex paa-te order removing cause to United States court. The defendant, on a petition presented to this court, stating that the parties were residents of different states, and that the amount in dispute exceeded $500, obtained an ex pa/rie order thSt the action be transferred to the United States circuit court for trial. The record has not as yet been removed to or filed with the latter court, and the plaintiffs now move to set aside such ex parte order, upon the ground that the court was imposed upon in reference to the amount in dispute, which they allege is less than $200.…

1Opinion of the Court

McAdam, J. —

The character of the action and the amount in dispute is to .be determined by an inspection of the complaint (Walsh agt. Darragh, 52 N. Y., at p. 592, and see *481notes collated in 1 Abb. N. C., p. 24). The amount of damages laid in the declaration is prima facie the amount in dispute under the removal act (The People agt. The Judges, &c., 2 Denio, 197). The right of removal is to be determined by the complaint and is not necessarily controlled by the answer (Latham agt. Barney, 5 Weekly Dig., 145). The rule in regard to appeals from the United States district court is, that where the…

2Cases cited1 opinion

  1. People ex rel. Kanouse v. Judges of New-York Common PleasNew York Supreme Court · 1846

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