Jones v. Casey-Hedges Co.
District Court, E.D. Tennessee
. At Law. Action by Ross Jones against the Casey-Hedges Company and others. The Casey-Hedges Company having removed the cause to the federal court, plaintiff moves to remand. Denied, for further hearing on affidavits.
Read the full summary
. At Law. Action by Ross Jones against the Casey-Hedges Company and others. The Casey-Hedges Company having removed the cause to the federal court, plaintiff moves to remand. Denied, for further hearing on affidavits. This, is a suit for damages for personal injuries in the sum of ten thousand dollars, which was commenced by the plaintiff in the Circuit Court of Hamilton County, Tennessee, by the issuance of summons against the Casey-Hedges Co., The Casey-Hedges Manufacturing 'Co. and Lloyd Jones, as • defendants, Before the plaintiff’s declaration had been filed in the State court the…
1Opinion of the Court
SANFORD, District Judge.
[1] 1. As the petition for removal was filed before the declaration had been filed in the State Court, the cause of action is, for present purposes, to be taken as that shown by the copy of the declaration filed in the former suit in the State Court and exhibited with the affidavit of plaintiff’s attorney. See, by analogy, Welch v. Railway Co. (C. C., E. D. Tenn.) 177 Fed. 760, 761.
[2] 2. This copy of the declaration shows, on its face, joint liability on the part of the non-resident defendant, the Casey-Hedges Co., and its co-defendant Dloyd Jones. And in the absence…
2Cases cited23 opinions
- Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
- Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Morris v. GilmerSupreme Court of the United States · 1889
- Wetmore v. RymerSupreme Court of the United States · 1898
18 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
- Bohnert v. Ben Hur Life Ass'nDistrict Court, S.D. Illinois · 1935