Mix v. . Andes Insurance Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court, on trial, without a jury. (Reported below, 9 Hun, 397.) The facts appear sufficiently in the opinion. The jurisdiction of the State court was taken away by the proceedings taken by defendant to remove the cause into the United States court, and its proceedings thereafter were coram non judice.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court, on trial, without a jury. (Reported below, 9 Hun, 397.) The facts appear sufficiently in the opinion. The jurisdiction of the State court was taken away by the proceedings taken by defendant to remove the cause into the United States court, and its proceedings thereafter were coram non judice. (14 Stat. at Large, 558; Cooke v. State Nat. Bk. of Boston, 52 N. Y., 96; Shaft v. Phoenix Mut. L. Ins. Co., 67 id., 544;…
1Opinion of the CourtEarl, J.
This action was commenced by the plaintiff against the defendant, an Ohio corporation, to recover upon a fire policy.
It was claimed upon the trial that this cause had been removed into the United States Circuit Court, under the act of Congress approved March 2, 1867 (14 U. S. Statutes at Large, 558), and this claim must be first examined. That act provides that when an action is brought 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, and the matter in dispute exceeds the sum of $500, exclusive of…
2Cases cited4 opinions
- Insurance Co. v. DunnSupreme Court of the United States · 1874
- Cooke v. . State National Bank of BostonNew York Court of Appeals · 1873
- Shaft v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1876
- Taylor v. . ShewNew York Court of Appeals · 1873
3Cited by8 opinions
- Deford, Hinkle & Co. v. MehaffyUnited States Circuit Court · 1882
- Stix & Co. v. KeithSupreme Court of Alabama · 1890
- Udisky v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1942
- Parkhurst v. Citizens National BankCourt of Appeals of Maryland · 1884
- Roy C. Whayne Supply Co. v. McGowanCourt of Appeals of Kentucky (pre-1976) · 1926
3 more not listed; retrieve them via the Exa API.