Doherty v. Smith
District Court, S.D. New York
At Law. Action by Henry L. Doherty, Frank W. Frueauff, and Charles T. Brown, partners doing business as Henry L. Doherty & Co., against Barton Smith, begun in the state court, and removed to the federal court.
1Opinion of the Court
LEARNED HAND, District Judge.
In Jackson v. Wm. Kenefick Co. and Wm. Kenefick, 233 Fed. 130, filed July 21, 1913, I held that an alien might remand a case where he had brought it in the state court against nonresident citizens and they had removed. I followed Judge Lacombe in Kamenickey v. Cattarall Printing Co. (C. C.) 188 Fed. 400, and Judge Coxe in Odhner v. North. Pac. Ry. Co. (C. C.) 188 Fed. 507, against my own judgment. It seems to me probable that Ex parte Tobin, 214 U. S. 506, 29 Sup. Ct. 702, 53 L. Ed. 1061, and Ex parte Nicola, 218 U. S. 668, 31 Sup. Ct. 228, 54 L. Ed. 1203, were…
2Cases cited9 opinions
- In Re MooreSupreme Court of the United States · 1908
- Ex Parte WisnerSupreme Court of the United States · 1906
- Matter of TobinSupreme Court of the United States · 1909
- Louisville & N. R. v. Western Union Telegraph Co.District Court, E.D. Kentucky · 1914
- Richards v. United StatesSupreme Court of the United States · 1910
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3Cited by6 opinions
- Lee v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1923
- McCabe v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1917
- Ostrom v. EdisonDistrict Court, D. New Jersey · 1917
- Mestre v. Russell & Co.Court of Appeals for the First Circuit · 1922
- Coalmont Moshannon Coal Co. v. Matthew Addy Steamship & Commerce Corp.District Court, E.D. Virginia · 1921
1 more not listed; retrieve them via the Exa API.