Elms v. Crane
Supreme Judicial Court of Maine
Action for libel, entered at January term, Supreme Judicial Court, 1918, Knox County. The plaintiff is described in the writ as of Camden, Knox County, State of Maine, and the defendant as of New York, State of New York. At September term, 1918, defendant filed motion to remove said action to the United States District Court upon the grounds of diverse citizenship. Motion was overruled by presiding Justice, to which ruling exceptions were filed. Exceptiohs overruled.
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Action for libel, entered at January term, Supreme Judicial Court, 1918, Knox County. The plaintiff is described in the writ as of Camden, Knox County, State of Maine, and the defendant as of New York, State of New York. At September term, 1918, defendant filed motion to remove said action to the United States District Court upon the grounds of diverse citizenship. Motion was overruled by presiding Justice, to which ruling exceptions were filed. Exceptiohs overruled. Case stated in opinion.
1Opinion of the CourtWilson, J.
This is an action on the case for libel and was entered at the January term, 1918, in Knox County. No pleadings of any kind have been filed in the case. The time under our practice for fifing pleas in abatement and other dilatory pleas has gone by, but the *19defendant, unless ordered to do so by the court, is not required to plead to the merits until the case is ready for trial. At the September term, 1918, the defendant presented a petition accompanied by a proper bond asking that the case be removed to the United States District Court on the ground of diverse citizenship. All the facts…
2Cases cited19 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Wabash Western Railway v. BrowSupreme Court of the United States · 1896
- Atlanta, K. & N. Ry. Co. v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1904
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