Legal Opinion

Vannevar v. Bryant

Supreme Court of the United States

Decided November 30, 1874No. 64PublishedCited by 41 opinions

Error to the Superior Court of Massachusetts; the case being thus: An act of Congress of March 2d, 1867, “to am.end” a prior act “for the removal of causes in certain cases from State courts ” (the act quoted supra, pp. 36, 37), enacts as follows: “ Where a suit is pending in any State court in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State . . . such citizen of another State, whether he be plaintiff or…

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Error to the Superior Court of Massachusetts; the case being thus: An act of Congress of March 2d, 1867, “to am.end” a prior act “for the removal of causes in certain cases from State courts ” (the act quoted supra, pp. 36, 37), enacts as follows: “ Where a suit is pending in any State court in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State . . . such citizen of another State, whether he be plaintiff or defendant, if he will file an affidavit, &e., . . . may at any time before the final hearing or trial of the suit, file…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

In the case of the Sewing Machine Companies, * it was held that im action upon a contract by a plaintiff, who was a citizen of the State in which the suit was brought, against two defendants, who were citizens of other States, and a third who was a citizen of the same State as the plaintiff, was not removable to the Circuit Court under this act upon the petition of the two non-resident defendants. Without considering the question whether, in an action of tort by a resident plaintiff, a non-resident defendant can, at a proper stage of the…

2Cited by41 opinions

  1. Ayers v. WatsonSupreme Court of the United States · 1885
  2. Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
  3. B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
  4. Alley v. NottSupreme Court of the United States · 1884
  5. Fisk v. HenarieSupreme Court of the United States · 1892

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