Legal Opinion

Matter of Dunn

Supreme Court of the United States

Decided February 23, 1909No. 10, OriginalPublishedCited by 61 opinions

APPLICATION FOR A WRIT OF MANDAMUS AGAINST THE HONORABLE EDWARD R. MEEK, DISTRICT JUDGE &C. This is an original appücátion to this court for a rule, directed to the District Judge of the United States for the Northern District of Texas, directing him, and also the Circuit Court of the United States for that district, .to show cause why a mandamus should not issue, commanding that judge and that court, and each of them, to remand a certain action at law to the District Court…

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APPLICATION FOR A WRIT OF MANDAMUS AGAINST THE HONORABLE EDWARD R. MEEK, DISTRICT JUDGE &C. This is an original appücátion to this court for a rule, directed to the District Judge of the United States for the Northern District of Texas, directing him, and also the Circuit Court of the United States for that district, .to show cause why a mandamus should not issue, commanding that judge and that court, and each of them, to remand a certain action at law to the District Court of Dallas County, Texas, and to desist from exercising any further jurisdiction in the action, except the entering of…

1Opinion of the Court

Mb. Justice Peckham,.after making the foregoing statement, delivered the opinion of the court.

It is agreed by all that there is in this case no separable controversy, and the important question is whether, upon the facts stated, a removal can be ordered, notwithstanding the individual defendants were made parties to the suit, and were not residents or inhabitants of the. Northern District of. Texas when sued. - „

The question arises under the act of Congress of 1888, relative to the removal of cases from state to Federal courts. 25 Stat. 433, chap. 866. This act, as its title shows, was passed…

2Cases cited9 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900
  3. Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906
  4. Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
  5. Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897

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3Cited by61 opinions

  1. Shulthis v. McDougalSupreme Court of the United States · 1912
  2. American National Red Cross v. S. G.Supreme Court of the United States · 1992
  3. American Bank & Trust Co. v. Federal Reserve Bank of AtlantaSupreme Court of the United States · 1921
  4. Snow v. Ford Motor Co.Court of Appeals for the Ninth Circuit · 1977
  5. In Re WinnSupreme Court of the United States · 1909

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

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