Legal Opinion

St. John v. Taintor

District Court, S.D. New York

Decided February 10, 1915PublishedCited by 8 opinions

At Law. Action by C. C. St. John against C. M. Taintor. On motion to remand to the state court.

1Opinion of the Court

AUGUSTUS N. HAND, District Judge.

The plaintiff, a citizen and resident of Wyoming, sued the defendant, a citizen and resident of New York, in the Montana state court. The cause was removed to United States District Court for the Southern District of New York, and the plaintiff now appears specially and moves to remand. The motion must be granted.

Section 29 of the Judicial Code is perfectly clear, and furnishes the only provision of law applicable to this case. It says that the party entitled to remove “any suit mentioned in the last preceding section” *458shall file a petition “for the removal of…

2Cases cited6 opinions

  1. Knowlton v. Congress & Empire Spring Co.U.S. Circuit Court for the District of Eastern New York · 1875
  2. Mattison v. Boston & M. R. R.District Court, N.D. New York · 1913
  3. St. John v. United States Fidelity & Guaranty Co.District Court, D. Maryland · 1914
  4. Stewart v. Cybur Lumber Co.District Court, S.D. Alabama · 1914
  5. Ex Parte State Insurance CompanySupreme Court of the United States · 1874

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. General Investment Co. v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1922
  2. Vadner v. VadnerDistrict Court, D. Nevada · 1918
  3. Ostrom v. EdisonDistrict Court, D. New Jersey · 1917
  4. American Surety Co. v. ConwayDistrict Court, D. New Jersey · 1915
  5. Thomas v. Delta Land & Water Co.District Court, D. Nevada · 1918

3 more not listed; retrieve them via the Exa API.

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